§566 Conduct of Committee Activity

Summary

Negotiated rulemaking committees must consider the issue the agency brings and try to reach agreement by consensus on a proposed rule and any related matters. Agency representatives join the committee with the same rights as other members and can fully speak for their agency. The agency may nominate a facilitator from inside or outside the Federal Government, but the committee must approve that person by consensus. If the committee rejects a nominee, the agency must offer another. If no agency nominee is approved, the committee will pick the facilitator. Anyone representing the agency on substance may not serve as facilitator or chair. The facilitator must run meetings and help negotiations fairly, and must keep the minutes and the records required under section 1009(b) and (c); personal notes of the facilitator or members are not covered by section 552. The committee may set its own operating procedures; section 553 does not apply to those procedures. If the committee reaches consensus on a proposed rule, it must send that rule to the agency. If it does not, it may send a report showing any agreed areas and other recommendations; any member may add an appendix. The committee must also send the records required under section 1009(b) and (c).