Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING
Section 465-3-008 - Negotiated Rulemaking Committee; membership

Universal Citation: 465 NE Admin Rules and Regs ch 3 ยง 008

Current through March 20, 2024

All members of a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities as other members.

008.01 Members:

Members of a negotiated rulemaking committee may include:

1. A person designated by the Department to represent it. This person shall be authorized to fully represent the Department in the discussions and negotiations of the committee.

2. Persons selected by the Department as willing and qualified to represent the interests that will be significantly affected by the proposed rule.

3. Persons contacted and recruited by the negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking process.

4. Persons selected by the negotiated rulemaking committee by consensus upon committee review of a petition for membership or nomination as set out in 465 NAC 3-008.02

008.02 Petition or Nomination for Membership:

Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee.

Each petition or nomination for committee membership shall be in writing and be submitted to the negotiated rulemaking committee by delivering or mailing the same to the Department. All such petitions or nominations shall include -

1. Identification of the applicable negotiated rulemaking proceeding.

2. The name of the petitioner or nominee, and a description of the interests the person represents.

3. Evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent.

4. A written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration.

5. An explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.

Persons wishing to file such a petition for membership or nomination to a negotiated rulemaking committee may use Form 465-000 -12 or 465-000 -13. Persons wishing to file such a petition for membership or nomination to a negotiated rulemaking committee may also do so by letter, provided that the letter contains the information set forth above.

Upon receiving a petition for membership on or nomination to a particular negotiated rulemaking committee, the committee in question shall decide, by consensus at its next meeting, whether or not to expand its membership.

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