(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.
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