Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.30 - Negotiated Rulemaking

Current through June 14, 2024
A. Purpose. Because
				 traditional rulemaking procedures may discourage affected parties from meeting
				 and communicating with each other, and may cause parties with different
				 interests to assume conflicting and antagonistic positions and to engage in
				 expensive and time-consuming litigation over regulations, negotiated
				 rulemaking, in which the parties who will be affected by a rule participate in
				 its development, can provide significant advantages. It can increase the
				 acceptability and improve the substance of rules, and it may also shorten the
				 amount of time needed to issue final rules.
B. Procedure.
1. The Commission may use the services of a
				 convener to assist it in identifying persons who will be affected by the
				 proposed rule, and conducting discussions with such persons to identify the
				 issues of concern to such persons, and to ascertain whether the establishment
				 of a negotiated rulemaking committee is feasible and appropriate in the
				 particular rulemaking. The convener shall report findings and may make
				 recommendations to the Commission. Upon request by the Commission, the convener
				 shall ascertain the names of persons who are willing and qualified to represent
				 interests that will be significantly affected by the proposed rule.
2. If, after considering the report of a
				 convener or conducting its own assessment, the Commission decides to establish
				 a negotiated rulemaking committee, it shall publish a notice which shall
				 include:
a. an announcement that the
				 Commission intends to establish a negotiated rulemaking committee to negotiate
				 and develop a proposed rule;
b. a
				 description of the subject and scope of the rule to be developed, and the
				 issues to be considered;
c. a list
				 of the interests which are likely to be affected by the rule;
d. a list of the persons proposed to
				 represent such interests and the person or persons proposed to represent the
				 Commission;
e. an explanation of
				 how a person may apply or nominate another person for membership on the
				 committee, as provided under §
												1.30(B)(3)     of this Part.
3. Persons who will be
				 significantly affected by a proposed rule and who believe that their interests
				 will not be adequately represented by any person specified in a notice under
				 §
											1.30(B)(2)(d)     of this Part may apply for, or nominate another person
				 for, membership on the negotiated rulemaking committee to represent such
				 interests with respect to the proposed rule. Each application or nomination
				 shall include:
a. the name of the applicant or
				 nominee and a description of the interests such person shall
				 represent;
b. evidence that the
				 applicant or nominee is authorized to represent parties related to the
				 interests the person proposes to represent;
c. a written commitment that the applicant or
				 nominee shall actively participate in good faith in the development of the rule
				 under consideration;
d. the reasons
				 that the persons specified in the notice under §
												1.30(B)(2)(d)     of this
				 Part do not adequately represent the interests of the person submitting the
				 application or nomination.
4. If the Commission determines that a
				 negotiated rulemaking committee can adequately represent the interests that
				 will be significantly affected by a proposed rule and that it is feasible and
				 appropriate in the particular rulemaking, it may establish a negotiated
				 rulemaking committee. Membership on the committee shall be limited to ten (10)
				 members, unless the Commission determines that a greater number of members is
				 necessary for the functioning of the committee or to achieve balanced
				 membership. Each committee shall include at least one person representing the
				 Commission. The Commission shall provide appropriate administrative support to
				 the negotiated rulemaking committee.
5. Each negotiated rulemaking committee
				 established shall consider the matter proposed by the Commission for
				 consideration and shall attempt to reach a consensus concerning a proposed rule
				 with respect to such matter and any other matter the committee determines is
				 relevant to the proposed rule.
6.
				 The person or persons representing the Commission on a negotiated rulemaking
				 committee shall participate in the deliberations and activities of the
				 committee with the same rights and responsibilities as other members of the
				 committee, and shall be authorized to fully represent the Commission in the
				 discussions and negotiations of the committee.
7. The Commission shall select a facilitator
				 for the negotiations of the committee. The facilitator shall not represent the
				 Commission in substantive issues. The facilitator shall:
a. chair the meetings of the committee in an
				 impartial manner;
b. impartially
				 assist the members of the committee in conducting discussions and negotiations;
				 and
c. manage the keeping of minutes
				 and records.
8. If a
				 committee reaches a consensus on a proposed rule, at the conclusion of
				 negotiations the committee shall transmit to the Commission a report containing
				 the proposed rule. If the committee does not reach consensus on a proposed
				 rule, the committee may transmit to the Commission a report specifying any
				 areas in which the committee reached a consensus. The committee may include in
				 a report any other information, recommendations, or materials that the
				 committee considers appropriate. Any committee member may include as an
				 addendum to the report additional information, recommendations or
				 materials.
9. The Commission shall
				 hold an open meeting to determine whether it will adopt the proposed rule.
				 Whether or not the committee reached consensus, if the Commission concurs with
				 the proposed rule, it shall notice the proposed adoption pursuant to §
											1.9(F)(1)     of this Part. No public hearing will be conducted unless requested
				 pursuant to R.I. Gen. Laws §
											42-35-3.