Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. In
accordance with Tex. Gov't Code §
RSA 2306.082, the
Department encourages the use of negotiated rulemaking procedures for the
adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the
procedures for negotiated rulemaking including appointment of a convener;
publishing notice of proposed negotiated rulemaking and requesting comments on
the proposal; appointing a negotiated rulemaking committee; appointing an
impartial third party facilitator; and proposing the resulting draft rule for
public comment.
(b) Request for
Negotiated Rulemaking Process.
(1) Any person
or organization that would like for the Department to use negotiated rulemaking
for the adoption of a Department rule may submit such a request to the
Department's Board Secretary. The proposal must identify: the rule proposed for
negotiated rulemaking, potential participants for the negotiated rulemaking
committee, possible third party facilitators, and a suggested timeline for the
process. The Department may also on its own propose to use negotiated
rulemaking.
(2) In determining
whether a proposed negotiated rulemaking is appropriate in a particular
situation, the Department and interested parties may consider any relevant
factors, including:
(A) The number of
identifiable interests that would be significantly affected by the proposed
rule;
(B) The probability that
those interests would be adequately represented in a negotiated
rulemaking;
(C) The probable
willingness and authority of the representatives of affected interests to
negotiate in good faith;
(D) The
probability that a negotiated rulemaking committee would reach a unanimous or a
suitable general consensus on the proposed rule;
(E) The probability that negotiated
rulemaking will not unreasonably delay notice and eventual adoption of the
proposed rule;
(F) The adequacy of
agency and public resources to participate in negotiated rulemaking;
and
(G) The probability that the
negotiated rulemaking committee will provide a balanced representation among
all interested and affected parties. (Tex. Gov't Code §
RSA
2008.052(d)).
(3) The Department generally will respond to
the request within seven calendar days. If the negotiated rulemaking is not
pursued, the Department will provide the party making the request with an
explanation for the basis of the decision.
(c) If the Department decides to proceed with
a negotiated rulemaking, it shall follow the process outlined in Tex. Gov't
Code Chapter 2008 and costs associated with the negotiated rulemaking process
will be handled as specified in Tex. Gov't Code §
RSA
2008.003.
