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RULE §1.12Negotiated Rulemaking

(a) Purpose. In accordance with Tex. Gov't Code §2306.082, the Department encourages the use of negotiated rulemaking procedures for the adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the procedures for negotiated rulemaking including appointment of a convener; publishing notice of proposed negotiated rulemaking and requesting comments on the proposal; appointing a negotiated rulemaking committee; appointing an impartial third party facilitator; and proposing the resulting draft rule for public comment.

(b) Request for Negotiated Rulemaking Process.

  (1) Any person or organization that would like for the Department to use negotiated rulemaking for the adoption of a Department rule may submit such a request to the Department's Board Secretary. The proposal must identify: the rule proposed for negotiated rulemaking, potential participants for the negotiated rulemaking committee, possible third party facilitators, and a suggested timeline for the process. The Department may also on its own propose to use negotiated rulemaking.

  (2) In determining whether a proposed negotiated rulemaking is appropriate in a particular situation, the Department and interested parties may consider any relevant factors, including:

    (A) The number of identifiable interests that would be significantly affected by the proposed rule;

    (B) The probability that those interests would be adequately represented in a negotiated rulemaking;

    (C) The probable willingness and authority of the representatives of affected interests to negotiate in good faith;

    (D) The probability that a negotiated rulemaking committee would reach a unanimous or a suitable general consensus on the proposed rule;

    (E) The probability that negotiated rulemaking will not unreasonably delay notice and eventual adoption of the proposed rule;

    (F) The adequacy of agency and public resources to participate in negotiated rulemaking; and

    (G) The probability that the negotiated rulemaking committee will provide a balanced representation among all interested and affected parties. (Tex. Gov't Code §2008.052(d)).

  (3) The Department generally will respond to the request within seven calendar days. If the negotiated rulemaking is not pursued, the Department will provide the party making the request with an explanation for the basis of the decision.

(c) If the Department decides to proceed with a negotiated rulemaking, it shall follow the process outlined in Tex. Gov't Code Chapter 2008 and costs associated with the negotiated rulemaking process will be handled as specified in Tex. Gov't Code §2008.003.

Source Note: The provisions of this §1.12 adopted to be effective September 27, 2018, 43 TexReg 6259

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