Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 4 - NEGOTIATED RULEMAKING
Section 454-4-008 - NEGOTIATED RULEMAKING COMMITTEE; MEMBERSHIP
Universal Citation: 454 NE Admin Rules and Regs ch 4 ยง 008
Current through September 17, 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 of a negotiated rulemaking committee may include:
008.01(A). A person designated by the Director to represent the Department.
This person shall be authorized to fully represent the Department in the discussions and negotiations of the
committee;
008.01(B). Persons selected by the Department as
willing and qualified to represent the interests that will be significantly affected by the proposed
rule;
008.01(C). Persons contacted and recruited by the
negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking
process; and
008.01(D). Persons selected by the negotiated
rulemaking committee by consensus upon committee review of a petition for membership or nomination as set out
in subsection 008.02 below.
008.02. 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.
008.02(A). 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:
008.02(A)(i). Identification of the applicable negotiated
rulemaking proceeding;
008.02(A)(ii). The name of the petitioner
or nominee, and a description of the interests the person represents;
008.02(A)(iii). Evidence that the petitioner or nominee is authorized to
represent parties related to the interests the person proposes to represent;
008.02(A)(iv). A written commitment that the petitioner or nominee will
actively participate in good faith in the development of the rule under consideration; and
008.02(A)(v) 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.
008.02(B). Persons wishing to
file such a petition for membership or nomination to a negotiated rulemaking committee may use the form
attached hereto as Attachments 4 and 5. Attachments 4 and 5 are made a part of this rule by reference.
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.
008.02(C). Upon receiving a petition for membership on or nomination to a
particular negotiated rulemaking committee, the committee in question shall decide, at its next meeting,
whether or not to expand its membership. A consensus shall be required for any such expansion.
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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