Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - NEBRASKA DEPARTMENT OF HEALTH
Chapter 5 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING COMMITTEES
Section 184-5-002 - NEGOTIATED RULEMAKING GENERALLY
Universal Citation: 184 NE Admin Rules and Regs ch 5 ยง 002
Current through March 20, 2024
002.01 Scope of Regulations.
These regulations govern the method for negotiated rulemaking once the Department determines that this kind of process may be in the public interest. The procedure for any person to petition to use negotiated rulemaking and for Department consideration and disposition of a petition is covered in the Department Rules of Practice and Procedure for Petitions for Negotiated Rulemaking, 184 NAC 4.
002.02 Process Generally.
002.02A
Notice. If the Department decides to establish a
negotiated rulemaking committee, the Department shall give notice to the
Secretary of State and publish the notice in a newspaper having general
circulation in the state and, as appropriate, in other newspapers and
publications. The notice shall include:
002.02A1 An announcement that the agency
intends to establish a negotiated rulemaking committee to negotiate and develop
a proposed rule;
002.02A2 A
description of the subject and scope of the rule to be developed and the issues
to be considered;
002.02A3 A list
of interests likely to be significantly affected by the proposed
rule;
002.02A4 A list of the
persons proposed to represent the affected interests and the agency;
002.02A5 A proposed schedule for completing
the work of the committee; and
002.02A6 An explanation of how a persons may
apply for or nominate another person for membership on the committee.
002.02B
Comment and
Application Period. Persons interested in either making comments
about the process or in applying or nominating others to serve on the committee
shall have a period of thirty (30) days from the date of publication of the
notice in which to do so. Persons making application shall do so on forms
provided by the Department, attached as Attachment 1 to these regulations, or
using a reasonable facsimile of Attachment 1 that they prepare.
002.02C
Feasibility
Determination. The Department considers the comments and
applications filed for membership on the committee and determines whether a
committee can adequately represent the persons who will be significantly
affected by a proposed rule and that it is feasible and appropriate for the
particular rulemaking. The Department may use the services of a convenor to
assist in making a determination of need, to identify persons who will be
significantly affected by a proposed rule, and to conduct discussions with
affected persons to determine whether a committee is feasible and appropriate
for the particular rulemaking. The convenor may be a state employee or retained
by contract, as the Department determines.
002.02C1
Feasible.
If the Department decides that negotiated rulemaking is feasible it may
establish a committee as set forth in these regulations.
002.02C2
Not
Feasible. If the Department decides not to establish a committee,
the Department shall:
002.02C2a Notify the
persons who commented on or applied for membership on the committee of the
reasons for the decision; and
002.02C2b Publish notice of the decision not
to establish a committee in a newspaper of general circulation in the state
and, as appropriate, in other newspapers and publications.
002.02D
Committee. When so determined by the Department, a committee is
formed to negotiate issues and develop proposed rules and regulations for use
by the Department in formal rulemaking.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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