(a) The Commission will undertake negotiated rulemaking
procedures when the Commission is of the opinion that proposed rules
are likely to be complex, controversial, or may affect disparate groups.
(b) When negotiated rulemaking is to be considered,
the Commission will appoint a convener, in accordance with Government
Code, §2008.052, to assist in determining whether it is advisable
to proceed. The convener shall have the duties as described in Chapter
2008, Government Code, and shall make a recommendation to the Executive
Director to proceed or to defer negotiated rulemaking. The recommendation
shall be made after the convener, at a minimum, has considered all
of the items set forth in Government Code, §2008.052(c).
(c) Upon the convener's recommendation to proceed,
the Commission shall initiate negotiated rulemaking according to the
provisions of Chapter 2008, Government Code.
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