Negotiated Rulemaking
I.C. Code requires negotiated rule making unless
“infeasible”. May be infeasible if:
– Required to comply with federal statute or existing state
statute
– Required to comply with judicial precedent
– Confidentiality considerations
– Need for temporary rule
– Simple nature
– Lack of identifiable affected parties
– Likelihood that no consensus could be reached
Creates additional publication and comment period
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