92 Neb. Admin. Code, ch. 64, § 008 - Establishment of a Negotiated Rulemaking Committee; Procedure

After publication of notice and termination of the comment and membership application period, the Board will consider the comments and membership applications for a particular negotiated rulemaking committee and determine whether such a committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule, and whether such a committee is feasible and appropriate in the particular rulemaking. In making the final determination as to creation of a negotiated rulemaking committee, the Board may use the services of a convenor as set out in Section 005 above. In making the final determination as to creation of a negotiated rulemaking committee, the Board and the Commissioner will apply the criteria set out in 004 above.

008.01 If, after such a determination, the Board decides that a negotiated rulemaking procedure is feasible, it shall establish a negotiated rulemaking committee as provided in these regulations. The committee will negotiate issues and develop proposed rules for use by the Board in formal rulemaking.

008.02 If, after such a determination, the Board decides not to establish a negotiated rulemaking committee, the Board shall:

008.02A Notify the persons who commented on, applied for membership on or nominated persons for membership on the particular negotiated rulemaking committee of the reasons for the decision not to establish such a committee.

008.02B Publish notice of the decision not to establish the particular negotiated rulemaking committee in a newspaper having general circulation in the state, and, as appropriate, in other newspapers and publications.

Notes

92 Neb. Admin. Code, ch. 64, § 008