Montana Code 2-5-109. Facilitator — selection and duties
2-5-109. Facilitator — selection and duties. (1) An agency may nominate a person to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the agency’s nomination for facilitator, the agency shall submit a substitute nomination. If a committee does not approve the substitute nomination of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or presiding officer for the committee.
Terms Used In Montana Code 2-5-109
- Agency: means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules. See Montana Code 2-5-103
- committee: means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule. See Montana Code 2-5-103
- Consensus: means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition. See Montana Code 2-5-103
- Facilitator: means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. See Montana Code 2-5-103
- Person: means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character. See Montana Code 2-5-103
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(2)A facilitator approved or selected by a committee shall:
(a)preside at the meetings of the committee in an impartial manner;
(b)impartially assist the members of the committee in conducting discussions and negotiations and achieving consensus; and
(c)manage the keeping of minutes and records.