1. (a) It is the agency's policy to enable the use of negotiated rulemaking procedures when appropriate. In situations where proposed rules could be complex, controversial, or to affect disparate groups, negotiated rulemaking may be considered by the agency.

2. (b) When negotiated rulemaking is considered, the deputy director, or designee, shall be the agency's negotiated rulemaking coordinator to assist it in determining whether it is advisable to proceed. The coordinator shall have the duties described in Government Code, Chapter 2008, and shall make a recommendation to the commission to proceed or to defer negotiated rulemaking. The recommendation shall be made after the coordinator, at a minimum, has considered all of the items enumerated in Government Code, §2008.052(c). The coordinator shall perform the following functions, as required:

   1. (1) coordinate the implementation of the policy set out in subsection (a) of this section, and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;
   2. (2) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and,
   3. (3) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the agency.
3. (c) Upon the coordinator's recommendation to proceed, the agency may initiate negotiated rulemaking according to the provisions of Government Code, Chapter 2008.

Source Note:The provisions of this §2.46 adopted to be effective November 16, 2008, 33 TexReg 9078.