Section 49-6-009 - NEGOTIATED RULEMAKING COMMITTEE; MEMBERSHIP All members of a negotiated rulemaking committee shall participate in the deliberations of the negotiated rulemaking committee with the same rights and responsibilities as other members.
009.01 Members of a negotiated rulemaking committee may include:009.01A A person designated by the Department to represent the Department. This person shall be authorized to fully represent the Department in the discussions and negotiations of the negotiated rulemaking committee.009.01B Persons selected by the Department as willing and qualified to represent the interests that will be significantly affected by the proposed rule.009.01C Persons contacted and recruited by the negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking process. 009.01D Persons selected by the negotiated rulemaking committee by consensus upon review of a petition for membership or nomination as set out in Section 009.02 of this Rule.009.02 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. 009.02A Each petition or nomination for negotiated rulemaking 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: 009.02A1 Identification of the applicable negotiated rulemaking proceeding.009.02A2 The name of the petitioner or nominee, and a description of the interests the person represents.009.02A3 Evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent.009.02A4 A written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration.009.02A5 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.009.02B Persons wishing to file such a petition for membership on a negotiated rulemaking committee may use the form attached hereto as Form 49-6 -4; persons wishing to file such a petition for nomination to a negotiated rulemaking committee may use the form attached hereto as Form 49-6 -5. Forms 49-6 -4 and 49-6 -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 in Forms 49-6 -4 and 49-6 -5.009.02C Upon receiving a petition for membership on or nomination to a particular negotiated rulemaking committee, the negotiated rulemaking committee in question shall decide, by consensus at its next meeting, whether or not to expand its membership.49 Neb. Admin. Code, ch. 6, § 009