Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 3 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 465-3-005 - Petitions for the Use of a Negotiated Rulemaking Committee

Current through June 17, 2024
Any 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
Request:
A negotiated rulemaking process may be requested on any
				  topic appropriate for a rule or regulation by the Department.
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 of Social Services to implement.
A negotiated rulemaking process may not be requested to
				  develop a rule or regulation to vary or change the specific terms of a
				  statute.
A negotiated rulemaking process may not be requested to
				  negotiate a rule on a matter which is not within the definition of a rule or
				  regulation as set forth in 465 NAC
				  3-002.
005.02
Petition:
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.
A petition may be in the form of a pleading that contains a
				  caption, heading, and name as set forth on form found at 465-000 -11.
A petition may also be made in the form of a letter so long
				  as the letter contains all of the information required by these regulations and
				  is clearly delineated as a petition for negotiated rulemaking.
All petitions must be on white, letter sized paper (8 1/2 by
				  11) of standard weight.
Petitions must be legible, and may be typewritten,
				  photostatically reproduced, printed, or handwritten. If handwritten, petitions
				  must be in ink. Only one side of a page of a petition shall contain any
				  writing.
Any documents that are intended to accompany a petition shall
				  be securely fastened, clearly marked as attachments to the petition, and meet
				  the other requirements of this section as to size, print and
				  legibility.
005.03
Requirements for Content and Substance of a Petition:
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.
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 regulation, and,
				  if amendments to existing regulations are sought, identification of the
				  regulations by title, chapter and name.
The petition must identify the specific issue(s) proposed for
				  inclusion in the negotiated rulemaking process.
The petition must discuss the facts surrounding each problem
				  or issue proposed for inclusion in the negotiated rulemaking process.
The petition must discuss why a negotiated rulemaking process
				  is in the public interest, including information on each of the criteria set
				  out in 465 NAC 3-003.01 through 465 NAC 3-003.05 above. The petition may also
				  include information on the criteria included in 465 NAC 3-003.06 and 3-003.07
				  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.
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
Filing of a Petition:
A petition for a negotiated rulemaking process shall be
				  filed with the director. Filing may be made by personal delivery during regular
				  Department office hours or by mail.
005.05
Recommendation to the
				Director:
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.
005.06
Department Action on a
				Petition:
With sixty (60) days after submission of a petition for a
				  negotiated rule making procedure, the Department shall -
1. Deny the petition in writing, stating the
				reason(s) for denial; or
2.
				Initiate the negotiated rulemaking process as provided in these
				rules.