Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Attachment 92-64-1

Current through June 17, 2024
BEFORE THE STATE DEPARTMENT OF EDUCATION STATE OF
				  NEBRASKA
In the Matter of [insert statute )
numbers or name] by [insert name ) Petition for
				  Negotiated
of Petitioner] ) Rulemaking
COMES NOW the petitioner, [insert name of Petitioner],
				  according to the Nebraska Negotiated Rulemaking Act and according to the State
				  Department of Education rules and regulations for Petitions for Negotiated
				  Rulemaking, and requests that the State Board of Education establish a
				  negotiated rulemaking committee as set forth in this Petition.
In support of this request, the Petitioner states as
				  follows:
1. The State Department of
				Education administers the provisions of [insert sections of the statutes or
				legislative bill numbers for which negotiated rulemaking is sought], and is
				responsible for development of rules and regulations to implement these
				statutes.
2. Petitioner seeks a
				negotiated rulemaking procedure to [check one]:
( ) develop new rules
( ) amend existing rules, specifically ____ NAC ____,
				  entitled __________________________ .
( ) repeal certain existing rules, specifically ____ NAC
				  ____, entitled ___________________________ .
3. A negotiated rulemaking committee should
				be established to negotiate and develop rules on each of the following issues
				concerning the statute(s), legislative bill(s) or regulation(s) identified
				above [identify each issue as to each statute, legislative bill or regulation
				and the general scope of the rulemaking proposed]:
4. The facts surrounding each of the issues
				listed in paragraph 3 above are as follows:
5. Establishment of a negotiated rulemaking
				committee would be in the public interest under each of the following criteria
				based upon the information the Petitioner hereby submits.
A. There is a need for rulemaking on the
				issue(s) identified above because:
B. There are a limited number of identifiable
				interests that will be significantly affected by the rule, including the
				following interests:
C. There is a
				reasonable likelihood that a negotiated rulemaking committee can be convened
				with a balanced representation of people (1) who can adequately represent the
				interests identified above and (2) are willing to negotiate in good faith to
				reach a consensus on the proposed rule, as shown by the following:
D. There is a reasonable likelihood that a
				committee will reach a consensus on the proposed rule within a fixed period of
				time because:
E. The use of this
				procedure will not unreasonably delay formal rulemaking and issuance of a final
				rule because:
F. [Optional for
				response by Petitioner] The State Department of Education should commit its
				resources, including technical assistance, to such a committee
				because:
G. [Optional for response
				by Petitioner] The State Department of Education should, to the maximum extent
				possible consistent with its legal obligations, use a consensus of such a
				committee as the basis for a rule to be adopted under the Administrative
				Procedure Act because: