| (a) Policy. It is the Commission's policy to encourage
the use of negotiated rulemaking under Government Code, Chapter 2008,
and appropriate alternative dispute resolution procedures under Government
Code, Chapter 2009.
(b) Negotiated Rulemaking. The Commission, the Executive
Director (for lottery rules), or the Charitable Bingo Operations Director
(for charitable bingo rules), either on it/his/her own initiative
or in response to a request from an interested person(s), may propose
to engage in negotiated rulemaking to obtain assistance in drafting
a proposed rule, in accordance with the provisions of Government Code,
Chapter 2008. By way of example only, negotiated rulemaking may be
appropriate when multiple constituencies are involved; the subject
matter is complex or controversial; or the Commission lacks complete
information.
(1) When negotiated rulemaking is proposed, the Executive
Director (for lottery rules) or the Charitable Bingo Operations Director
(for charitable bingo rules), or their designee, shall be the negotiated
rulemaking convener.
(A) The convener shall assist in identifying persons
who are likely to be affected by a proposed rule, including those
who oppose the issuance of a rule. The convener shall discuss with
those persons or their representatives the items listed in Government
Code §2008.052(c).
(B) The convener shall then recommend to the Commission
whether negotiated rulemaking is a feasible method to develop the
proposed rule and shall report on the relevant considerations, including
the items listed in Government Code §2008.052(d).
(2) Upon consideration of the convener's recommendation,
the Commission may approve Commission staff to engage in negotiated
rulemaking in accordance with the provisions of Government Code, Chapter
2008. The Commission may authorize the staff to perform the duties
and requirements set forth in Chapter 2008, including providing any
required notices, establishing a negotiated rulemaking committee and
appointing the members of the committee, and appointing a facilitator.
(c) Alternative Dispute Resolution. The Commission
encourages the fair and expeditious resolution of internal and external
disputes under the Commission's jurisdiction through alternative dispute
resolution (ADR) procedures. ADR procedures include any procedure
or combination of procedures described by Civil Practice and Remedies
Code, Chapter 154. ADR procedures are intended to supplement and not
limit other dispute resolution procedures available for use by the
Commission.
(1) Any ADR procedure used to resolve disputes under
the Commission's jurisdiction shall conform with Government Code,
Chapter 2009, and, to the extent possible, the model guidelines for
the use of ADR issued by the State Office of Administrative Hearings
(SOAH).
(2) The Commission, the Executive Director, or the
Charitable Bingo Operations Director, either on it/his/her own initiative
or in response to a request from a person involved in a dispute with
the Commission, may direct an unresolved internal or external dispute,
including but not limited to a lottery or bingo licensing matter,
a bingo audit matter, a personnel matter, or a contested case to ADR,
and will determine, in consultation with the Legal Services Division
staff, which method of ADR is most appropriate.
(3) Breach of Contract Claims. Notwithstanding the
foregoing, contract claims asserted by a contractor against the Commission
are governed by Government Code, Chapter 2260 and the Commission Rules
at §§403.201 - 403.223 of this title (relating to General
Administration), and not this section.
(d) The Commission may adopt written procedures to
further implement negotiated rulemaking and ADR procedures under this
section, including procedures to designate a coordinator to implement
the Commission's policy under this section and to collect data concerning
the effectiveness of negotiated rulemaking and ADR procedures.
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