Montana Code 2-5-106. Establishment of committee — determination
2-5-106. Establishment of committee — determination. (1) If, after considering comments and applications submitted under 2-5-105, the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee.
Terms Used In Montana Code 2-5-106
- Agency: means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules. See Montana Code 2-5-103
- committee: means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule. See Montana Code 2-5-103
- Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
- Rule: means an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. See Montana Code 2-5-103
(2)If, after considering comments and applications submitted under 2-5-105, the agency decides not to establish a negotiated rulemaking committee, the agency shall notify the persons who commented on or applied for membership on the negotiated rulemaking committee of the reasons for the decision. The agency shall also publish a notice in the Montana Administrative Register and, as appropriate, in newspapers and other publications.
(3)The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical support.
(4)A negotiated rulemaking committee terminates upon adoption of the final rule under consideration, unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.