(a) It is the policy of the commission and the department to encourage public participation in the rulemaking process when appropriate. When the commission finds that rules to be drafted are likely to be complex, or controversial, or to affect disparate groups, public participation through negotiated rulemaking may be proposed.
(b) If the commission determines that negotiated rulemaking is appropriate, the commission may elect to develop a draft rule either through an informal negotiated rulemaking process or through a formal negotiated rulemaking process.
(c) The commission may consider engaging in formal negotiated rulemaking when it is likely that a negotiated rulemaking committee will reach a consensus on a draft rule in a timely manner. The commission will also consider the factors specified in the Act, when deciding whether to pursue formal negotiated rulemaking.
(d) If the commission determines that formal negotiated rulemaking is not feasible or appropriate, but the commission determines that public participation would be valuable, the commission may engage in informal negotiated rulemaking procedures.

Source Note: The provisions of this §1.282 adopted to be effective December 27, 2010, 35 TexReg 11708