Section 8051-B - Consensus-based rule development process1.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).]
1999, c. 307, § 2 (NEW) .