Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 13 - RULES AND REGULATIONS GOVERNING NEGOTIATED RULEMAKING.
Section 247-13-003 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; CRITERIA

Universal Citation: 247 NE Admin Rules and Regs ch 13 ยง 003

Current through September 17, 2024

The Department may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the Director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the Director shall consider whether:

003.01 Need. There is a need for the rule.

003.02 Identifiable Interests. There are a limited number of identifiable interests that will be significantly affected by the rule.

003.03 Balanced Representation. There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:

003.03A Can adequately represent the interests identified; and

003.03B Are willing to negotiate in good faith to reach a consensus on the proposed rule.

003.04 Likelihood of Consensus. There is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time.

003.05 No Unreasonable Delay. The negotiated rulemaking procedure will not unreasonably delay the notice of proposed formal rulemaking and the issuance of the final rule pursuant to the APA.

003.06 Adequate Resources. The Department has adequate resources and is willing to commit those resources, including technical assistance, to the committee.

003.07 Use of Committee Consensus. The Department, to the maximum extent possible consistent with the legal obligations of the Department, will use the consensus of the committee as the basis of the rule proposed by the Department in the formal rulemaking process of the APA.

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