1. (a) Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Administrative Procedure Act.
2. (b) A request for a public hearing to receive comments on a proposed new rule or amendment to an existing rule must be received in the offices of the board no later than 5:00 p.m. of the thirtieth calendar day prior to the board meeting scheduled to consider the adoption of the proposed rule unless the board announces a different filing date.
3. (c) A person wishing to testify at a public hearing to receive comments on a proposed new rule or amendment to an existing rule must file a written copy of the proposed testimony in the offices of the board by no later than 5:00 p.m. of the fifth calendar day prior to the public hearing unless the board announces a different filing date.
4. (d) It is the board's policy to encourage negotiated rule making when appropriate.

5. (e) The executive director shall designate a board employee as the board's Negotiated Rulemaking Director to implement the provisions of the Negotiated Rulemaking Act, chapter 2008 of the Texas Government Code, and perform the following functions:

   1. (1) maintain necessary agency records of negotiated rulemaking procedures while maintaining the confidentiality of participants;
   2. (2) establish a method of choosing conveners and facilitators as defined by the Negotiated Rulemaking Act, chapter 2008 of the Texas Government Code;
   3. (3) establish a method of convening negotiated rules committees;
   4. (4) provide information about the negotiated rulemaking process to agency employees, potential users, and users of the negotiated rulemaking program;
   5. (5) arrange training or education necessary to implement the negotiated rulemaking process; and
   6. (6) establish a system to evaluate the negotiated rulemaking program, conveners, facilitators, and committees.
6. (f) The board or the Rules Committee may request the Negotiated Rulemaking Director to institute negotiated rulemaking proceedings on a specified subject. Upon receipt of such a request, the Negotiated Rulemaking Director shall institute the negotiated rulemaking process pursuant to chapter 2008 of the Texas Government Code.

Source Note:The provisions of this §509.6 adopted to be effective June 9, 2004, 29 TexReg 5626; amended to be effective October 12, 2004, 29 TexReg 9537.