(a) Notice of a proposed new rule or amendment of any
existing rule shall be made in accordance with the provisions of §2001.023
and §2001.024 of the Administrative Procedure Act.
(b) A request for a public hearing to provide comments
on a proposed new rule or amendment to an existing rule must be received
in the offices of the board no later than 5:00 p.m. of the thirtieth
calendar day prior to the board meeting scheduled to consider the
adoption of the proposed rule unless the board announces a different
filing date.
(c) A person wishing to testify at a public hearing
to provide comments on a proposed new rule or amendment to an existing
rule must file a written copy of the proposed testimony in the offices
of the board by no later than 5:00 p.m. of the fifth calendar day
prior to the public hearing unless the board announces a different
filing date.
(d) The board's policy is to promote a public rulemaking
process but the board may employ negotiated rulemaking pursuant to
the Negotiated Rulemaking Act when appropriate.
(e) The executive director shall designate a board
employee as the board's negotiated rulemaking director to implement
the provisions of the Negotiated Rulemaking Act, Chapter 2008 of the
Texas Government Code, and perform the following functions:
(1) maintain necessary agency records of negotiated
rulemaking procedures while maintaining the confidentiality of participants;
(2) establish a method of choosing conveners and facilitators
as defined by the Negotiated Rulemaking Act, Chapter 2008 of the Texas
Government Code;
(3) establish a method of convening negotiated rules
committees;
(4) provide information about the negotiated rulemaking
process to agency employees, potential users, and users of the negotiated
rulemaking program;
(5) arrange training or education necessary to implement
the negotiated rulemaking process; and
(6) establish a system to evaluate the negotiated rulemaking
program, conveners, facilitators, and committees.
(f) The board or the rules committee may request the
negotiated rulemaking director to institute negotiated rulemaking
proceedings on a specified subject. Upon receipt of such a request,
the negotiated rulemaking director shall institute the negotiated
rulemaking process pursuant to Chapter 2008 of the Texas Government
Code.
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Source Note: The provisions of this §509.6 adopted to be effective June 9, 2004, 29 TexReg 5626; amended to be effective October 12, 2004, 29 TexReg 9537; amended to be effective October 15, 2008, 33 TexReg 8516; amended to be effective June 7, 2012, 37 TexReg 4049; amended to be effective August 3, 2017, 42 TexReg 3786 |