810 R.I. Code R. 810-RICR-00-00-1.30

Current through December 3, 2024

Section 810-RICR-00-00-1.30 - Negotiated Rulemaking

A. Purpose. Because traditional rulemaking procedures may discourage affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over regulations, negotiated rulemaking, in which the parties who will be affected by a rule participate in its development, can provide significant advantages. It can increase the acceptability and improve the substance of rules, and it may also shorten the amount of time needed to issue final rules.

B. Procedure.

1. The Commission may use the services of a convener to assist it in identifying persons who will be affected by the proposed rule, and conducting discussions with such persons to identify the issues of concern to such persons, and to ascertain whether the establishment of a negotiated rulemaking committee is feasible and appropriate in the particular rulemaking. The convener shall report findings and may make recommendations to the Commission. Upon request by the Commission, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be significantly affected by the proposed rule.

2. If, after considering the report of a convener or conducting its own assessment, the Commission decides to establish a negotiated rulemaking committee, it shall publish a notice which shall include:

a. an announcement that the Commission intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;

b. a description of the subject and scope of the rule to be developed, and the issues to be considered;

c. a list of the interests which are likely to be affected by the rule;

d. a list of the persons proposed to represent such interests and the person or persons proposed to represent the Commission;

e. an explanation of how a person may apply or nominate another person for membership on the committee, as provided under § 1.30(B)(3) of this Part.

3. Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under § 1.30(B)(2)(d) of this Part may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include:

a. the name of the applicant or nominee and a description of the interests such person shall represent;

b. evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;

c. a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration;

d. the reasons that the persons specified in the notice under § 1.30(B)(2)(d) of this Part do not adequately represent the interests of the person submitting the application or nomination.

4. If the Commission determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, it may establish a negotiated rulemaking committee. Membership on the committee shall be limited to ten (10) members, unless the Commission determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the Commission. The Commission shall provide appropriate administrative support to the negotiated rulemaking committee.

5. Each negotiated rulemaking committee established shall consider the matter proposed by the Commission for consideration and shall attempt to reach a consensus concerning a proposed rule with respect to such matter and any other matter the committee determines is relevant to the proposed rule.

6. The person or persons representing the Commission on a negotiated rulemaking committee shall participate in the deliberations and activities of the committee with the same rights and responsibilities as other members of the committee, and shall be authorized to fully represent the Commission in the discussions and negotiations of the committee.

7. The Commission shall select a facilitator for the negotiations of the committee. The facilitator shall not represent the Commission in substantive issues. The facilitator shall:

a. chair the meetings of the committee in an impartial manner;

b. impartially assist the members of the committee in conducting discussions and negotiations; and

c. manage the keeping of minutes and records.

8. If a committee reaches a consensus on a proposed rule, at the conclusion of negotiations the committee shall transmit to the Commission a report containing the proposed rule. If the committee does not reach consensus on a proposed rule, the committee may transmit to the Commission a report specifying any areas in which the committee reached a consensus. The committee may include in a report any other information, recommendations, or materials that the committee considers appropriate. Any committee member may include as an addendum to the report additional information, recommendations or materials.

9. The Commission shall hold an open meeting to determine whether it will adopt the proposed rule. Whether or not the committee reached consensus, if the Commission concurs with the proposed rule, it shall notice the proposed adoption pursuant to § 1.9(F)(1) of this Part. No public hearing will be conducted unless requested pursuant to R.I. Gen. Laws § 42-35-3.

810 R.I. Code R. 810-RICR-00-00-1.30