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RULE §1.14Negotiated Rulemaking

(k) Proposed Rulemaking under the APA. If the Board decides to proceed with rulemaking after receipt of the negotiated rulemaking committee's report, the Board shall initiate rulemaking under the regular Administrative Procedures Act (APA) procedures, as prescribed in Texas Government Code, Chapter 2001, Subchapter B. In addition to the APA's requirements regarding the contents of notice of proposed rulemaking, the notice will also state that:

  (1) the Board used negotiated rulemaking in developing the proposed rule; and

  (2) the negotiated rulemaking committee report is public information and the report's location at which it will be available to the public. All published proposed rules will conform to the agreements resulting from consensus, if any, achieved through negotiated rulemaking (as reflected in the negotiated rulemaking committee's report).

(l) Confidentiality of Certain Records and Communications. CPRC §154.053 and §154.073 apply to the communications, records, conduct, and demeanor of the facilitator and the members of the negotiated rulemaking committee as if the negotiated rulemaking were a dispute being resolved in accordance with CPRC Chapter 154. In the negotiated rulemaking context, the Texas Office of the Attorney General, subject to review by a Travis County district court, decides in accordance with CPRC §154.073(d) whether a communication or material subject to CPRC §154.073(d) is confidential, excepted from required disclosure, or subject to required disclosure. Notwithstanding CPRC §154.073(e):

  (1) a private communication and a record of a private communication between a facilitator and a member or members of the committee are confidential and may not be disclosed unless the member or members of the committee, as appropriate, consent to the disclosure; and

  (2) the notes of a facilitator are confidential except to the extent that the notes consist of a record of a communication with a member of the committee who has consented to disclosure in accordance with paragraph (1) of this subsection.

(m) The Board hereby delegates to the Commissioner the responsibilities and authority set forth in this section.

Source Note: The provisions of this §1.14 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective December 2, 2013, 38 TexReg 8652

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