§8051-B. Consensus-based rule development process
                  1. 
                                Agency authority. 
                                An agency may voluntarily engage in a consensus-based rule development process.  An agency that develops a draft rule through a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule and as to the final language of the proposed rule.
                                     
                                
                [PL 1999, c. 307, §2 (NEW).]
              
                  2. 
                                Initial considerations. 
                                As part of a consensus-based rule development process, an agency shall:
                                     
                                
                
                  A.
                                        Establish a representative group of participants with an interest in the subject of the rulemaking;
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  B.
                                        Develop ground rules for the operation of the consensus-based rule development process that are mutually acceptable to the agency and the participants;
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  C.
                                        Disclose the funding and time constraints on the agency;
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  D.
                                        Give prior notice of all meetings to the representative group of participants and establish a mechanism for other interested parties to receive notice and information regarding all meetings;
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  E.
                                        Select an agency employee or another individual contracted by the agency to chair or facilitate the meetings; and
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  F.
                                        Distribute a summary and submitted materials from all meetings to the representative group of participants and other interested parties.
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                [PL 1999, c. 307, §2 (NEW).]
              
                  3. 
                                Record. 
                                An agency that engages in a consensus-based rule development process that results in a proposed rule shall maintain:
                                     
                                
                
                  A.
                                        A list of all meetings held, the participants at each meeting and the interests or organizations they represented;
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  B.
                                        A summary of each of the meetings; and
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                
                  C.
                                        A description by the agency of the consensus-based rule development process and an analysis of the decisions that came out of that process, including the extent to which consensus was reached on the decisions.
                                     
                                [PL 1999, c. 307, §2 (NEW).]
                [PL 1999, c. 307, §2 (NEW).]
              
                  4. 
                                Judicial review. 
                                An agency action to engage in or terminate a consensus-based rule development process is not subject to judicial review.  This section does not bar judicial review of a rule finally adopted by an agency following a consensus-based rule development process if such a review is otherwise available by law as long as the basis for review is other than procedural error in the consensus-based rule development process.
                                     
                                
                [PL 1999, c. 307, §2 (NEW).]
              
                        SECTION HISTORY
                        
            PL 1999, c. 307, §2 (NEW).