Montana Code 2-5-110. Expenses — convener — facilitator — committee members
2-5-110. Expenses — convener — facilitator — committee members. (1) An agency may employ or enter into a contract for the services of an organization or individual to serve as a convener or facilitator for a negotiated rulemaking committee or may use the services of a government employee to act as a convener or facilitator for a committee.
Terms Used In Montana Code 2-5-110
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Convener: means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure. 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Interest: means , with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner. See Montana Code 2-5-103
- Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(2)An agency shall determine whether a person under consideration as a convener or facilitator of a negotiated rulemaking committee has any financial or other interest that would preclude the person from serving in an impartial and independent manner. A person disqualified under this criterion must be dropped from further consideration.
(3)Members of a negotiated rulemaking committee are responsible for their own expenses of participation. However, an agency may pay for a committee member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation if:
(a)the committee member certifies a lack of adequate financial resources to participate in the committee; and
(b)the agency determines that the committee member’s participation in the committee is necessary to ensure an adequate representation of the interests of the members.
(4)An agency may accept grants or gifts from any source to fund the negotiated rulemaking process, provided that:
(a)information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public;
(b)the grant or gift is given to and accepted by the agency without placing any condition on the membership of a negotiated rulemaking committee or the outcome of the negotiated rulemaking process; and
(c)there is consensus among the members of the negotiated rulemaking committee established pursuant to 2-5-106 that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.