Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 49 - DEPARTMENT OF BANKING AND FINANCE
Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING
Section 49-6-008 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; PROCEDURE

Current through March 20, 2024

After publication of notice and termination of the comment and membership application period, the Department will consider the comments and membership applications for a particular negotiated rulemaking committee and determine whether such a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule, and whether such a negotiated rulemaking committee is feasible and appropriate in the particular rulemaking. In making the final determination as to creation of a negotiated rulemaking committee, the Department may use the services of a convenor as set out in Section 005 of this Rule. In making the final determination as to creation of a negotiated rulemaking committee, the Department will apply the criteria set out in Section 004 of this Rule.

008.01 If, after such a determination, the Department decides that a negotiated rulemaking procedure is feasible, it shall establish a negotiated rulemaking committee as provided in this Rule. The negotiated rulemaking committee will negotiate issues and develop proposed rules for use by the Department in formal rulemaking.

008.02 If, after such a determination, the Department decides not to establish a negotiated rulemaking committee, the Department shall:

008.02A Notify the persons who commented on, applied for membership on, or nominated persons for membership on the particular negotiated rulemaking committee of the reasons for the decision not to establish such a negotiated rulemaking committee.

008.02B Publish notice of the decision not to establish the particular negotiated rulemaking committee in a newspaper having general circulation in the state, and, as appropriate, in other newspapers and publications.

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