§566 Conduct of committee activity

Summary

Negotiated rulemaking committees must look at the issue an agency sends them and try to agree on a draft rule and any related topics the committee thinks matter. Agency representatives on the committee have the same rights and duties as other members and can fully speak for the agency. Notwithstanding section 1009(e), the agency may propose a facilitator from inside or outside the Federal Government, but the committee must approve that person by consensus. If the committee rejects the nominee, the agency must try another; if no agency nominee is approved, the committee will pick a facilitator by consensus. Anyone who represents the agency on substantive issues cannot serve as facilitator or chair. An approved facilitator must run meetings fairly, help with discussions, and keep minutes and records as required by section 1009(b) and (c). The facilitator’s and members’ personal notes are not covered by section 552. The committee may set its own operating procedures, and section 553 does not apply to those procedures. If the committee agrees on a proposed rule, it must send that report to the agency. If it does not reach full agreement, it may send a report showing any points of agreement and any other materials it finds useful. The committee must also provide the records required under section 1009(b) and (c).