Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 4 - NEGOTIATED RULEMAKING
Section 454-4-010 - FACILITATORS; SELECTION; DUTIES

Current through September 17, 2024

A facilitator shall be selected to assist a negotiated rulemaking committee with its duties.

010.01. The Department may nominate a person to serve as a facilitator for the negotiations of a negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the Department's nomination for facilitator, the Department shall submit a substitute nomination. If the committee does not approve the substitute nomination of the Department for facilitator, the committee shall select, by consensus, a person to serve as facilitator.

010.02. The Department may employ or contract for an organization or an individual to serve as a facilitator for a negotiated rulemaking committee or the Department may use the services of a state employee to act as a facilitator. A person designated by the Department to represent it on a negotiated rulemaking committee with respect to substantive issues may not serve as the facilitator. A facilitator shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. The Department shall determine whether a person under consideration for facilitator has such an interest. A person disqualified under this criterion shall be dropped from further consideration.

010.03. A facilitator approved or selected by a committee shall:

010.03(A). Preside at the meetings of the committee in an impartial manner;

010.03(B). Impartially assist members in conducting discussions and negotiations and achieving consensus; and

010.03(C). Manage the keeping of minutes and records.

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