He said it has learned from its earlier struggles how to conduct "negotiated rule making
," in which more input from universities and other stakeholders is taken into consideration.
As of January 2010, Education was reviewing these safe harbor regulations as part of a negotiated rule making
process to maintain or improve federal student aid programs.
Passage of criminal conviction or deferred adjudication; accreditation of nursing and education programs through one or more national nursing accrediting agencies recognized by the United States Department of Education; clarification Of the purpose, role, responsibility, and goal of agency advisory committees; establishment of rules which encourage the use of negotiated rule making
procedures and alternative dispute resolution; evaluation of nurse examination requirements, administration, and procedures; clarification of requirements of a person who must report a nurse who is impaired or suspected of being impaired; and rules addressing the role of the nursing peer assistance program.
Although the Model State Administrative Procedure Act (MSAPA) of 1981 doesn't directly address the need for alternative dispute resolution or negotiated rule making, in states that have adopted the model administrators can usually find implicit authority to use these processes.
(8) State legislation on alternative dispute resolution and negotiated rule making ranges from the short and sweet (just the words alternative dispute resolution engrafted onto their APA) to the long and specific (legislation similar to the federal ADRA).
Negotiated rule making
is a relatively new alternative to conventional rule making.
To reach the goal of simplification and uniformity, the budget act stipulates that "negotiated rule making
" be used to reach agreement on proposed regulations.
While all the participants could see the gains to be realized by minimizing information problems and producing a rule in a more timely manner -- benefits thought to be forthcoming through a negotiated rule making
-- the EPA needed to demonstrate assurances to all players that the product of this collaborative effort would not be appealed to elected officials or litigated, that it would, in fact, be binding.
* adopted procedures for appointing NLC members to represent NLC in negotiated rule making
And as I write, our president, Chris Wiant, is participating on NEHA's behalf in a negotiated rule making
with EPA on new disinfection byproducts standards.Stretching, pooling and combining resources, and working together seem to constitute about the only realistic route available to environmental professionals to substantively progress in achieving safe drinking water goals.
* Policies must be developed and implemented that encourage the use of negotiated rule making
procedures and alternative dispute resolution;
The essays, which differ widely in subject, tone, and approach, are grouped into five parts: (1) environmental issue conflict resolution (three chapters), (2) consumer dispute management (two chapters), (3) conflict resolution, contracts, and the courts (two chapters), (4) negotiated rule making
and contracting out (two chapters), and (5) the potential role of microcomputers in conflict mediation (one chapter).