Section 49-6-004 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; CRITERIA 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:
004.01 There is a need for the rule.004.02 There are a limited number of identifiable interests that will be significantly affected by the rule.004.03 There is a reasonable likelihood that a negotiated rulemaking committee can be convened with a balanced representation of the persons who: 004.03A Can adequately represent the interests identified; and004.03B Are willing to negotiate in good faith to reach a consensus on the proposed rule.004.04 There is a reasonable likelihood that a negotiated rulemaking committee will reach a consensus on the proposed rule within a fixed period of time.004.05 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.004.06 The Department has adequate resources and is willing to commit those resources, including technical assistance, to the negotiated rulemaking committee.004.07 The Department, to the maximum extent possible consistent with its legal obligations, will use the consensus of the negotiated rulemaking committee as the basis of the rule proposed in the formal rulemaking process of the APA.49 Neb. Admin. Code, ch. 6, § 004