3-003 Establishment of a Negotiated Rulemaking Committee; Criteria

The Department of Social Services may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the director shall consider whether -

1. There is a need for the rule.
2. There are a limited number of identifiable interests that will be significantly affected by the rule.
3. There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who -
   1. Can adequately represent the interests identified; and
   2. Are willing to negotiate in good faith to reach a consensus on the proposed rule.
4. There is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time.
5. The negotiated rulemaking procedure will not unreasonably delay the notice of proposed formal rulemaking and the issuance of the final rule pursuant to the APA.
6. The Department has adequate resources and is willing to commit those resources, including technical assistance, to the committee.
7. The Department of Social Services, to the maximum extent possible consistent with the legal obligations of the Department, will use the consensus of the committee as the basis of the rule proposed by the Department in the formal rulemaking process of the APA.