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RULE §7.7Negotiated Rulemaking

(a) It is the policy of the Board to encourage public input and negotiation in the Board's rulemaking process.

(b) A petition to initiate a rulemaking proceeding pursuant to §2001.021, Government Code, must be submitted to the Board's offices in writing. A petition must include:

  (1) a brief explanation of the proposed rule;

  (2) the full text of the proposed rule, and, if the petition is to modify an existing rule, the text of the proposed rule prepared in the same manner as an amendment to legislation that clearly identifies any words to be added or deleted from the existing text by underscoring added words and striking through words to be deleted;

  (3) a concise explanation of the legal authority to adopt the proposed rule, including a specific reference to the particular statute or other authority that authorizes it;

  (4) an explanation of how the proposed rule would protect life, health, property, and public welfare within the jurisdiction of the Board;

  (5) all available data or information showing a need for the proposed rule; and

  (6) such other information that the Board or the staff of the Board may request.

(c) The Board may initiate a negotiated rulemaking process pursuant to Chapter 2008, Government Code, upon:

  (1) the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this section;

  (2) the filing of a petition to initiate negotiated rulemaking proceeding with regard to a rule that has been proposed by the Board; or

  (3) a determination by the Board that negotiated rulemaking would be beneficial to the Board's consideration of a proposed rule.

(d) The Board may select any method of negotiation specified in Chapter 2008, Government Code, including the appointment of a convener, a negotiated rule-making committee, and a facilitator. The Chairman shall make all appointments involved in the negotiated rule-making process.

(e) The Board may adopt, amend, or refuse to adopt a rule created through the negotiated rulemaking process. The Board may not adopt any rule or any provision within a rule that the Board has no legal authority to adopt.

Source Note: The provisions of this §7.7 adopted to be effective November 21, 2004, 29 TexReg 10509

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