Section 454-4-005 - PETITIONS FOR THE USE OF A NEGOTIATED RULEMAKING COMMITTEEAny person may petition the Department to request the use of a negotiated rulemaking committee in the development or revision of a rule, as provided below.
005.01. A negotiated rulemaking process may be requested on any topic appropriate for a rule by the Department.005.01(A). A negotiated rulemaking process may be requested only to develop or revise rules which carry out statutes that are within the authority of the Department to implement.005.01(B). A negotiated rulemaking process may not be requested to develop a rule to vary or change the specific terms of a statute.005.01(C). A negotiated rulemaking process may not be requested to negotiate a rule on a matter which is not within the definition of a rule as set forth herein.005.02. A request for the use of a negotiated rulemaking procedure shall be made by a petition that meets the requirements of form set out in this subsection. In the event that it does not, the Department may refuse to accept it. 005.02(A). A petition may be in the form of a pleading that contains a caption, heading, and name as set forth on Attachment 1, which is attached to this rule and made a part of it by reference.005.02(B). A petition may also be made in the form of a letter so long as the letter contains all of the information required by this rule and is clearly delineated as a petition for negotiated rulemaking.005.03. A petition for a negotiated rulemaking procedure shall meet the following requirements for content and substance. In the event that it does not, the Department may refuse to accept it. 005.03(A). The petition must identify the general subject matter about which the negotiated rulemaking procedure is requested, including the statutes or legislative bill(s) which provide authority for the desired rule, and, if amendments to existing rules are sought, identification of the rule by title, Chapter, and name.005.03(B). The petition must identify the specific issue(s) proposed for inclusion in the negotiated rulemaking process.005.03(C). The petition must discuss the facts surrounding each problem or issue proposed for inclusion in the negotiated rulemaking process.005.03(D). The petition must discuss why a negotiated rulemaking process is in the public interest, including information on each of the criteria set out in subsections 003.01 through 003.05 above. The petition may also include information on the criteria included in subsections 003.06 and 003.07 above, to the extent such information is available to the petitioner. The petitioner may also submit such other information as may assist the Department in making a decision.005.03(E). The petition must identify persons who will be significantly affected by any rule which might result from the proposed negotiated rulemaking process, to the extent known by the petitioner. The petitioner may also suggest the names of persons who are willing and qualified to represent the interests that will be significantly affected by the negotiated rulemaking process and the proposed rule.005.04. Upon the filing of a petition for a negotiated rulemaking procedure, the Director may designate a Department employee or use the services of a convener to recommend to the Director whether a negotiated rulemaking process should be initiated.005.05. Within sixty (60) days after submission of a petition for a negotiated rulemaking procedure, the Department shall: 005.05(A). Deny the petition in writing, stating the reason(s) for denial; or005.05(B). Initiate the negotiated rulemaking process as provided in this rule.005.06. The decision of the Director with respect to a petition for a negotiated rulemaking procedure will be made in the form of an order clearly designated as the decision on the petition. The petitioner shall be served with a copy of the Director's final decision by first class mail.005.07. A decision by the Director with respect to a petition for a negotiated rulemaking procedure is not subject to judicial review, although nothing herein shall bar a judicial review if such is otherwise provided by law.454 Neb. Admin. Code, ch. 4, § 005
Amended effective 8/19/2023