Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING
Section 465-3-007 - 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 committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule, and whether such a 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 convener as set out in 465 NAC 3-004. In making the final determination as to creation of a negotiated rulemaking committee, the Department will apply the criteria set out in 465 NAC 3-003.
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 these regulations. The committee will negotiate issues and develop proposed rules for use by the Department in formal rulemaking.
If, after such a determination, the Department decides not to establish a negotiated rulemaking committee, the Department shall -
1. 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 committee; and
2. 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.
