Montana Code 2-5-107. Expansion of committee membership
2-5-107. Expansion of committee membership. (1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to subsection (2).
Terms Used In Montana Code 2-5-107
- 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
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Consensus: means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition. See Montana Code 2-5-103
- Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
- Person: means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character. See Montana Code 2-5-103
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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)Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee. Each petition or nomination must be submitted to the negotiated rulemaking committee and must include:
(a)the name of the petitioner or nominee and a description of the interests the person represents;
(b)evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent;
(c)a written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration; and
(d)an explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.
(3)Upon receiving a petition pursuant to subsection (2), a negotiated rulemaking committee shall decide by consensus at its next meeting whether or not to expand its membership.