| (a) Policy. It is the Board's policy to encourage the
use of negotiated rulemaking in appropriate situations. When the Securities
Commissioner finds that a rule to be proposed is likely to be complex,
controversial, or affect disparate groups, the Commissioner may propose
to engage in negotiated rulemaking in accordance with the Government
Code, Chapter 2008.
(b) Appointment and duties of convener.
(1) The Deputy Securities Commissioner or the Deputy's
designee shall serve as the negotiated rulemaking convener.
(2) The convener shall assist in identifying persons
who are likely to be affected by a proposed rule, including those
who oppose issuance of a rule. The convener shall discuss the items
listed in Government Code, §2008.052(c), with those persons or
their representatives.
(3) The convener shall then recommend to the Commissioner
whether negotiated rulemaking is a feasible method to develop the
proposed rule and shall report on the relevant considerations, including
those listed in §2008.052(d).
(c) Notice of intent to engage in negotiated rulemaking.
After considering the convener's recommendation and report, the Commissioner
may direct the Agency Staff to engage in negotiated rulemaking in
accordance with the provisions of Government Code, Chapter 2008, and
authorize the Agency 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.
(d) Duties of the negotiated rulemaking committee and
facilitator.
(1) The facilitator shall preside over meetings of
the negotiated rulemaking committee and assist the committee in establishing
procedures for conducting negotiations and in attempting to arrive
at a consensus on the proposed rule.
(2) At the conclusion of negotiations, the negotiated
rulemaking committee shall send a written report to the Commissioner
as provided in Government Code, §2008.056(d).
(e) Notice and comment rulemaking. After considering
the negotiated rulemaking committee's report, if the Commissioner
intends to proceed with the rulemaking process, the Commissioner shall
present the proposed rule to the Board for consideration in accordance
with Government Code, Chapter 2001, Subchapter B.
(f) Rulemaking coordinator. The Board's Deputy Commissioner,
or designee, shall act as the designated negotiated rulemaking coordinator
to coordinate the implementation of the policy set out in subsection
(a) of this section, serve as a resource for any staff training or
education needed to implement negotiated rulemaking procedures, and
collect data to evaluate the effectiveness of the implementation of
negotiated rulemaking procedures.
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