Laws: Cases and Codes : U.S. Code : Title 5 : Section 565


   
U.S. Code as of: 01/03/05
Section 565. Establishment of committee

      (a) Establishment. - 
        (1) Determination to establish committee. - If after
      considering comments and applications submitted under section
      564, the agency determines that a negotiated rulemaking committee
      can adequately represent the interests that will be significantly
      affected by a proposed rule and that it is feasible and
      appropriate in the particular rulemaking, the agency may
      establish a negotiated rulemaking committee. In establishing and
      administering such a committee, the agency shall comply with the
      Federal Advisory Committee Act with respect to such committee,
      except as otherwise provided in this subchapter.
        (2) Determination not to establish committee. - If after
      considering such comments and applications, the agency decides
      not to establish a negotiated rulemaking committee, the agency
      shall promptly publish notice of such decision and the reasons
      therefor in the Federal Register and, as appropriate, in trade or
      other specialized publications, a copy of which shall be sent to
      any person who applied for, or nominated another person for
      membership on the negotiating (!1) rulemaking committee to
      represent such interests with respect to the proposed rule.


      (b) Membership. - The agency shall limit membership on a
    negotiated rulemaking committee to 25 members, unless the agency
    head determines that a greater number of members is necessary for
    the functioning of the committee or to achieve balanced membership.
    Each committee shall include at least one person representing the
    agency.
      (c) Administrative Support. - The agency shall provide
    appropriate administrative support to the negotiated rulemaking
    committee, including technical assistance.



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