1. Agency authority. An agency may voluntarily engage in a consensus-based rule development process. An agency that develops a draft rule through a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule and as to the final language of the proposed rule. [PL 1999, c. 307, §2 (NEW).] 2. Initial considerations. As part of a consensus-based rule development process, an agency shall: A. Establish a representative group of participants with an interest in the subject of the rulemaking; [PL 1999, c. 307, §2 (NEW).] B. Develop ground rules for the operation of the consensus-based rule development process that are mutually acceptable to the agency and the participants; [PL 1999, c. 307, §2 (NEW).] C. Disclose the funding and time constraints on the agency; [PL 1999, c. 307, §2 (NEW).] D. Give prior notice of all meetings to the representative group of participants and establish a mechanism for other interested parties to receive notice and information regarding all meetings; [PL 1999, c. 307, §2 (NEW).] E. Select an agency employee or another individual contracted by the agency to chair or facilitate the meetings; and [PL 1999, c. 307, §2 (NEW).] F. Distribute a summary and submitted materials from all meetings to the representative group of participants and other interested parties. [PL 1999, c. 307, §2 (NEW).] [PL 1999, c. 307, §2 (NEW).] 3. Record. An agency that engages in a consensus-based rule development process that results in a proposed rule shall maintain: A. A list of all meetings held, the participants at each meeting and the interests or organizations they represented; [PL 1999, c. 307, §2 (NEW).] B. A summary of each of the meetings; and [PL 1999, c. 307, §2 (NEW).] C. A description by the agency of the consensus-based rule development process and an analysis of the decisions that came out of that process, including the extent to which consensus was reached on the decisions. [PL 1999, c. 307, §2 (NEW).] [PL 1999, c. 307, §2 (NEW).] 4. Judicial review. An agency action to engage in or terminate a consensus-based rule development process is not subject to judicial review. This section does not bar judicial review of a rule finally adopted by an agency following a consensus-based rule development process if such a review is otherwise available by law as long as the basis for review is other than procedural error in the consensus-based rule development process. [PL 1999, c. 307, §2 (NEW).]
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