1.Agency authority.
An agency may voluntarily engage in a consensus-based rule development process. An agency that develops a draft rule through
a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule
and as to the final language of the proposed rule.
[
1999, c. 307, §2 (NEW)
.]
2.Initial considerations.
As part of a consensus-based rule development process, an agency shall:
A. Establish a representative group of participants with an interest in the subject of the rulemaking; [1999, c. 307, §2 (NEW).]
B. Develop ground rules for the operation of the consensus-based rule development process that are mutually acceptable to the
agency and the participants; [1999, c. 307, §2 (NEW).]
C. Disclose the funding and time constraints on the agency; [1999, c. 307, §2 (NEW).]
D. Give prior notice of all meetings to the representative group of participants and establish a mechanism for other interested
parties to receive notice and information regarding all meetings; [1999, c. 307, §2 (NEW).]
E. Select an agency employee or another individual contracted by the agency to chair or facilitate the meetings; and [1999, c. 307, §2 (NEW).]
F. Distribute a summary and submitted materials from all meetings to the representative group of participants and other interested
parties. [1999, c. 307, §2 (NEW).]
[
1999, c. 307, §2 (NEW)
.]
3.Record.
An agency that engages in a consensus-based rule development process that results in a proposed rule shall maintain:
A. A list of all meetings held, the participants at each meeting and the interests or organizations they represented; [1999, c. 307, §2 (NEW).]
B. A summary of each of the meetings; and [1999, c. 307, §2 (NEW).]
C. A description by the agency of the consensus-based rule development process and an analysis of the decisions that came out
of that process, including the extent to which consensus was reached on the decisions. [1999, c. 307, §2 (NEW).]
[
1999, c. 307, §2 (NEW)
.]
4.Judicial review.
An agency action to engage in or terminate a consensus-based rule development process is not subject to judicial review.
This section does not bar judicial review of a rule finally adopted by an agency following a consensus-based rule development
process if such a review is otherwise available by law as long as the basis for review is other than procedural error in the
consensus-based rule development process.
[
1999, c. 307, §2 (NEW)
.]
SECTION HISTORY
1999, c. 307, §2 (NEW).
Data for this page extracted on 10/16/2012 08:18:44.