SECTION 509.6. Rulemaking Procedures

(a) Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Administrative Procedure Act.

(b) A request for a public hearing to provide comments on a proposed new rule or amendment to an existing rule must be received in the offices of the board no later than 5:00 p.m. of the thirtieth calendar day prior to the board meeting scheduled to consider the adoption of the proposed rule unless the board announces a different filing date.

(c) A person wishing to testify at a public hearing to provide comments on a proposed new rule or amendment to an existing rule must file a written copy of the proposed testimony in the offices of the board by no later than 5:00 p.m. of the fifth calendar day prior to the public hearing unless the board announces a different filing date.

(d) The board's policy is to promote a public rulemaking process but the board may employ negotiated rulemaking pursuant to the Negotiated Rulemaking Act when appropriate.

(e) The executive director shall designate a board employee as the board's negotiated rulemaking director to implement the provisions of the Negotiated Rulemaking Act, Chapter 2008 of the Texas Government Code, and perform the following functions:

(1) maintain necessary agency records of negotiated rulemaking procedures while maintaining the confidentiality of participants;

(2) establish a method of choosing conveners and facilitators as defined by the Negotiated Rulemaking Act, Chapter 2008 of the Texas Government Code;

(3) establish a method of convening negotiated rules committees;

(4) provide information about the negotiated rulemaking process to agency employees, potential users, and users of the negotiated rulemaking program;

(5) arrange training or education necessary to implement the negotiated rulemaking process; and

(6) establish a system to evaluate the negotiated rulemaking program, conveners, facilitators, and committees.

(f) The board or the rules committee may request the negotiated rulemaking director to institute negotiated rulemaking proceedings on a specified subject. Upon receipt of such a request, the negotiated rulemaking director shall institute the negotiated rulemaking process pursuant to Chapter 2008 of the Texas Government Code.

Source Note: The provisions of this §509.6 adopted to be effective June 9, 2004, 29 TexReg 5626; amended to be effective October 12, 2004, 29 TexReg 9537; amended to be effective October 15, 2008, 33 TexReg 8516; amended to be effective June 7, 2012, 37 TexReg 4049; amended to be effective August 3, 2017, 42 TexReg 3786