(a) It is the Authority's policy to encourage public participation in the rulemaking process whether rulemaking is undertaken pursuant to traditional rulemaking procedures under Government Code Chapter 2001 or negotiated rulemaking procedures under Government Code Chapter 2008.
(b) In determining whether to use negotiated rulemaking in lieu of traditional rulemaking procedures, the Authority will consider:
  (1) whether a negotiated rulemaking:
    (A) is more likely to result in workable or reasonable rule; or
    (B) to offer opportunity for a creative solution to a problem; or
  (2) whether the rules to be drafted are likely:
    (A) to be complex, or controversial, or
    (B) to affect disparate groups.
(c) If the Authority determines that negotiated rulemaking is appropriate, the Authority may elect to develop a draft rule either through an informal negotiated rulemaking process or through a formal negotiated rulemaking process.
(d) The Authority 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 Authority will also consider the factors specified in Government Code Chapter 2008 when deciding whether to pursue formal negotiated rulemaking.
(e) If the Authority determines that formal negotiated rulemaking is not feasible or appropriate, the Authority may engage in informal negotiated procedures or traditional rulemaking procedures, at its election.

Source Note: The provisions of this §227.3 adopted to be effective August 31, 2011, 36 TexReg 5382