49 Neb. Admin. Code, ch. 6, § 011 - FACILITATORS; SELECTION; DUTIES

A facilitator shall be selected to assist a negotiated rulemaking committee with its duties.

011.01 The Department may nominate a person to serve as a facilitator for the negotiations of a negotiated rulemaking committee, subject to the approval of the negotiated rulemaking committee by consensus. If the negotiated rulemaking committee does not approve the Department's nominee for facilitator, the Department shall submit a substitute nominee. If the negotiated rulemaking committee does not approve the substitute nominee of the Department for facilitator, the negotiated rulemaking committee shall select, by consensus, a person to serve as facilitator.

011.02 The Department may employ or contract for an organization or an individual to serve as a facilitator for a negotiated rulemaking committee or the Department may use the services of a state employee to act as a facilitator. A person designated by the Department to represent it on a negotiated rulemaking committee with respect to substantive issues may not serve as the facilitator. A facilitator shall not have a financial or other interest that would preclude him or her from serving in an impartial and independent manner. The Department shall determine whether a person under consideration for facilitator has such an interest. A person disqualified under this criterion shall be dropped from further consideration.

011.03 A facilitator approved or selected by a negotiated rulemaking committee shall:

011.03A Preside at the meetings of the negotiated rulemaking committee in an impartial manner.

011.03B Impartially assist members in conducting discussions and negotiations and achieving consensus.

011.03C Manage the keeping of minutes and records of negotiated rulemaking committee meetings, reports and decisions.

Notes

49 Neb. Admin. Code, ch. 6, § 011