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"(b) EXCEPTIONS.-The amendment made by sections 3(b), 6, 7, and 8 of this Act (amending this section and repealing provisions set out as a note below] shall take effect upon enactment.

"(c) EFFECTIVE DATE DELAYED FOR EXISTING PROGRAMS.-In the case of any matching program (as defined in section 552a(a)(8) of title 5, United States Code, as added by section 5 of this Act) in operation before June 1, 1989, the amendments made by this Act (other than the amendments described in subsection (b)) shall take effect January 1, 1990, if—

"(1) such matching program is identified by an agency as being in operation before June 1, 1989; and

"(2) such identification is

"(A) submitted by the agency to the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the Office of Management and Budget before August 1, 1989, in a report which contains a schedule showing the dates on which the agency expects to have such matching program in compliance with the amendments made by this Act, and

“(B) published by the Office of Management and Budget in the Federal Register, before September 15, 1989."

SHORT TITLE OF 1990 AMENDMENT

Section 7201(a) of Pub. L. 101-508 provided that: "This section (amending this section and enacting provisions set out as notes below] may be cited as the 'Computer Matching and Privacy Protection Amendments of 1990'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-56, § 1, July 19, 1989, 103 Stat. 149, provided that: "This Act [amending section 10 of Pub. L. 100-503, set out as a note above] may be cited as the 'Computer Matching and Privacy Protection Act Amendments of 1989'."

PUBLICATION OF GUIDANCE UNDER SUBSECTION (p)(1)(A)(ii)

Section 7201(b)(2) of Pub. L. 101-508 provided that: "Not later than 90 days after the date of the enactment of this Act (Nov. 5, 1990], the Director of the Office of Management and Budget shall publish guidance under subsection (p)(1)(A)(ii) of section 552a of title 5, United States Code, as amended by this Act."

LIMITATION ON APPLICATION OF VERIFICATION REQUIREMENT

Section 7201(c) of Pub. L. 101-508 provided that: "Section 552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by section 2 [probably means section 7201(b)(1) of Pub. L. 101-508], shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1137(b) of the Social Security Act (42 U.S.C. 1320b-7), until the earlier of

"(1) the date on which the Data Integrity Board of the Federal agency which administers that program determines that there is not a high degree of confidence that information provided by that agency under Federal matching programs is accurate; or

"(2) 30 days after the date of publication of guidance under section 2(b) (probably means section 7201(b)(2) of Pub. L. 101-508, set out as a note above]."

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the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 [Pub. L. 100-503] (other than the amendments made by section 10(b) of that Act) [see Effective Date of 1988 Amendment note above] shall take effect on October 1, 1990.

"(2) For purposes of this subsection, the term 'matching program' has the same meaning provided in section 552a(a)(8) of title 5, United States Code."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 552b, 1212, 3111, 7133 of this title; title 7 section 2204b; title 10 sections 424, 1102; title 12 section 1715z; title 14 section 645; title 15 section 278g-3; title 16 sections 410cc-35, 1536; title 19 section 1631; title 20 sections 1080a, 1221e-1; title 22 section 4355; title 25 section 3205; title 26 sections 6103, 7852; title 31 sections 3701, 3711, 3718, 3729, 3733; title 38 sections 3684A, 5701; title 39 section 410; title 42 sections 300aa-25, 402, 405, 1306, 3544, 9660; title 44 sections 2906, 3501, 3504; title 46 sections 7702, 9303; title 49 section 111; title 50 App. section 2159.

§ 552b. Open meetings

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 552 of this title; title 7 section 945; title 12 section 3502; title 19 section 2347; title 22 section 4605, 4833; title 39 section 410; title 42 sections 2996c, 7171, 7234, 8103, 10703; title 44 section 2204; title 45 sections 1116, 1212; title 46 sections 7702, 9303; title 50 App. sections 2158, 2159.

§ 553. Rule making

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 552a, 556, 561, 566, 601, 603, 604, 1103, 1105, 5304 of this title; title 2 sections 501, 502; title 7 sections 6j, 12e, 927, 9448, 950aaa-3, 1932, 2013, 2014, 2707, 4906, 6802, 6804; title 8 section 1288; title 9 section 306; title 12 sections 635, 1441a, 1735f-17, 1828, 3336, 4004, 4008, 4112, 4308, 526, 4589, 4611; title 15 sections 18a, 57a, 781, 78s, 78ggg, 789, 1193, 1203, 1262, 1277, 1410b, 1474, 1476, 1604, 1693b, 1912, 2058, 2079, 2082, 2309, 2603, 2604, 2605, 2618, 2643, 2703, 2823, 3412, 3710c, 3803, 4017, 4404, 5624, 5711, 5721, 5724; title 16 sections 620a, 839b, 971d, 1379, 1381, 1383b, 1463, 1533, 1535, 1604, 1821, 1822, 3341, 3604, 3636; title 19 section 2561; title 20 sections 1221e-4, 1232, 2711; title 21 sections 358, 463; title 25 sections 450c, 450k; title 28 section 994; title 30 sections 811, 936, 1211, 1468, 1751; title 33 sections 1231, 1322, 1504; title 38 sections 501, 502; title 40 section 333; title 41 sections 43a, 47, 422; title 42 sections 289d, 290aa-10, 300g-1, 300h, 421, 1395ff, 1395hh, 1437c, 1437d, 14377, 1437u, 1437ee, 1796c, 1997e, 2210a, 2992b-1, 4029, 4905, 5060, 5403, 5506, 5918, 5919, 6239, 6306, 6392, 7191, 7407, 7502, 7511a, 7607, 8275, 8411, 9112, 9127, 9204, 9605, 10155, 10193, 11023, 11376, 11387, 12725, 12879, 12898, 12898a, 13603, 13643; title 43 section 1740; title 44 section 2206; title 45 sections 431, 502, 562; title 46 sections 7702, 9303; title 46 App. sections 1241f, 1716; title 49 sections 10326, 10328, 10362, 11350; title 49 App. sections 1348, 1387, 1804, 2505, 2612, 2715; title 50 App. sections 2158, 2159, 2412.

§ 554. Adjudications

[See main edition for text of (a)]

(b) Persons entitled to notice of an agency hearing shall be timely informed of

(1) the time, place, and nature of the hearing;

[See main edition for text of (2) and (3),
concluding provision; (c) to (e); credits]

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CODIFICATION Subsec. (b)(1) is set out in this supplement to correct typographical error appearing in the main edition.

SECTION RESERRED TO IN OTHER SECTIONS This section is referred to in sections 504, 552b, 556, 557, 8124 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87e, 87f-1, 1359ii, 3804, 3805; title 8 sections 1324a, 1324c; title 12 sections 1817, 1818, 2268, 3413; title 15 sections 78d-1, 1274, 2064, 2066, 2605, 2615, 3412; title 16 sections 429b-1, 4700f, 7731, 796, 823b, 8391, 973f, 1174, 1437, 1536, 1540, 1856, 1858, 2407, 2437, 2602, 3142, 3373, 3636, 5010; title 18 section 3625; title 20 section 1234; title 21 sections 321, 333, 360e, 844a, 1041; title 29 sections 214, 216, 659, 1813, 1853; title 30 sections 185, 804, 811, 815, 817, 818, 821, 938, 1264, 1268, 1275, 1293, 1426, 1462; title 33 sections 919, 1319, 1321, 1367, 1504; title 38 section 7101; title 41 section 422; title 42 sections 262, 300g-3, 300h-2, 2000e-17, 2282a, 3783, 37890, 4910, 6303, 6971, 7407, 7413, 7419, 7502, 7511a, 7524, 7607, 7920, 8433, 9112, 9152, 9609, 9610; title 43 sections 1656, 1768; title 45 sections 432, 905; title 46 sections 7702, 9303; title 47 sections 409, 503; title 49 section 521; title 49 App. sections 1471, 1674b, 2611, 2618; title 50 App. sections 16, 2159, 2410, 2412.

[See main edition for text of (d) and (e)] (As amended Pub. L. 101-552, 8 4(a), Nov. 15, 1990, 104 Stat. 2737.)

AMENDMENT OF SECTION For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below.

AMENDMENTS 1990_Subsec. (c)(6). Pub. L. 101-552, $$ 41aX1), 11, temporarily inserted before semicolon at end "or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter". See Termi. nation Date of 1990 Amendment; Savings Provision note below.

Subsec. (c)(7) to (11). Pub. L. 101-552, $$ 4(a)(2), 11, temporarily added pars. (7) and (8) and redesignated former pars. (7) to (9) as (9) to (11), respectively. See Termination Date of 1990 Amendment; Savings Provision note below.

8 555. Ancillary matters

[See main edition for text of (a) to (d)) (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. [See main edition for credits]

CODIFICATION Subsec. (e) is set out in this supplement to correct typographical error appearing in the main edition.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502, 1207, 1219, 1220; title 16 sections 1536, 3636; title 18 section 3625; title 41 section 422; title 42 sections 7407, 7502, 75118, 7607; title 46 sections 7702, 9303; title 50 App. sections 16, 2159, 2410, 2412.

TERMINATION DATE OF 1990 AMENDMENT; SAVINGS

PROVISION For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 571 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 553, 554, 557, 558, 706, 3105 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87e, 87f-1, 1359ii, 2023, 2707, 3804, 3805, 4906, 6802, 6804; title 8 section 1182; title 15 sections 57a, 2605, 3412; title 16 sections 796, 8391, 1536, 2602, 3636; title 20 section 1234; title 21 sections 321, 379e, 1041; title 22 sections 10378, 4136; title 30 sections 811, 1415; title 33 sections 907, 1319, 1321; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 300h-2, 2241, 7171, 7407, 7413, 7502, 7511a, 7524, 7607, 9612, 11504; title 46 sections 7702, 9303; title 47 section 155; title 49 App. sections 2505, 2715; title 50 App. sections 16, 2159, 2410. 2412.

8 557. Initial decisions; conclusiveness; review by

agency; submissions by parties; contents of deci.
sions; record

8 556. Hearings; presiding employees; powers and

duties; burden of proof; evidence; record as basis of decision

[See main edition for text of (a) and (6)] (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may

[See main edition for text of (1) to (5)] (6) hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter;

(7) inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods;

(8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 553, 554, 556, 558, 706, 3105 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87, 87f-1, 2023, 2707, 4906, 6802, 6804; title 15 sections 572, 2605, 3412; title 16 sections 796, 839f, 2602, 3636; title 20 section 1234; title 21 section 321; title 30 sections 811, 823, 1415; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 1395ww, 2241, 7407, 7502, 7511a, 7607, 11504; title 46 sections 7702, 9303; title 49 sections 10322, 10327; title 49 App. sections 2505, 2715; title 50 App. sections 16, 2159, 2410, 2412.

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title 5, United States Code, by section 3 of this Act and redesignated as subchapter III of such chapter 5 by section (3)(a) of the Administrative Procedure Techni. cal Amendments Act of 1991 [Pub. L. 102-354]) and that portion of the table of sections at the beginning of chapter 5 of title 5, United States Code, relating to subchapter III, are repealed, effective 6 years after the date of the enactment of this Act (Nov. 29, 1990), except that the provisions of such subchapter shall continue to apply after the date of the repeal with respect to then pending negotiated rulemaking proceedings initiated before the date of repeal which, in the judgment of the agencies which are convening or have convened such proceedings, require such continuation, until such negotiated rulemaking proceedings terminate pursuant to such subchapter."

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-354 provided that: "This Act [amending sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, section 10 of Title 9, Arbitration, and section 173 of Title 29, Labor, renumbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 596, 561 to 570, and 571 to 583, respectively, of this title, and amending provisions set out as notes under this section and section 571 of this title] may be cited as the 'Administrative Procedure Technical Amendments Act of 1991'."

SHORT TITLE

Section 1 of Pub. L. 101-648 provided that: "This Act [enacting this subchapter] may be cited as the 'Negotiated Rulemaking Act of 1990'."

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 101-648 provided that: "The Congress makes the following findings:

"(1) Government regulation has increased substantially since the enactment of the Administrative Procedure Act [see Short Title note set out preceding section 551 of this title].

"(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules.

"(3) Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties.

"(4) Negotiated rulemaking, in which the parties who will be significantly affected by a rule participate in the development of the rule, can provide significant advantages over adversarial rulemaking.

"(5) Negotiated rulemaking can increase the acceptability and improve the substance of rules, making it less likely that the affected parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules.

"(6) Agencies have the authority to establish negotiated rulemaking committees under the laws establishing such agencies and their activities and under the Federal Advisory Committee Act (5 U.S.C. App.). Several agencies have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in part because such agencies are unfamiliar with the process or uncertain as to the authority for such rulemaking."

AUTHORIZATION OF APPROPRIATIONS

Section 4 of Pub. L. 101-648, as amended by Pub. L. 102-354, § 5(a)(1), Aug. 26, 1992, 106 Stat. 945, provid

ed that: “In order to carry out this Act (see Short

AMENDMENTS Title note above) and the amendments made by this

1992—Pub. L. 102-354 renumbered section 582 of this Act, there are authorized to be appropriated to the

title as this section. Administrative Conference of the United States, in ad. dition to amounts authorized by section 596 (formerly 576) of title 5, United States Code, not in excess of

8 563. Determination of need for negotiated rulemak. $500,000 for each of the fiscal years 1991, 1992, and ing committee 1993."

(a) DETERMINATION OF NEED BY THE AGENCY.8 562. Definitions

An agency may establish a negotiated rulemak.

ing committee to negotiate and develop a proFor the purposes of this subchapter, the

posed rule, if the head of the agency deterterm

mines that the use of the negotiated rulemak(1) "agency" has the same meaning as in

ing procedure is in the public interest. In section 551(1) of this title;

making such a determination, the head of the (2) "consensus" means unanimous concur

agency shall consider whetherrence among the interests represented on a

(1) there is a need for a rule; negotiated rulemaking committee established

(2) there are a limited number of identifiaunder this subchapter, unless such commit

ble interests that will be significantly affected tee

by the rule; (A) agrees to define such term to mean a

(3) there is a reasonable likelihood that a general but not unanimous concurrence; or

committee can be convened with a balanced (B) agrees upon another specified defini.

representation of persons whotion;

(A) can adequately represent the interests (3) "convener" means a person who impar- identified under paragraph (2); and tially assists an agency in determining wheth

(B) are willing to negotiate in good faith er establishment of a negotiated rulemaking

to reach a consensus on the proposed rule; committee is feasible and appropriate in a particular rulemaking;

(4) there is a reasonable likelihood that a (4) "facilitator" means a person who impar

committee will reach a consensus on the protially aids in the discussions and negotiations posed rule within a fixed period of time; among the members of a negotiated rulemak. (5) the negotiated rulemaking procedure ing committee to develop a proposed rule;

will not unreasonably delay the notice of pro(5) "interest" means, with respect to an posed rulemaking and the issuance of the issue or matter, multiple parties which have a final rule; similar point of view or which are likely to be (6) the agency has adequate resources and affected in a similar manner;

is willing to commit such resources, including (6) "negotiated rulemaking" means rule- technical assistance, to the committee; and making through the use of a negotiated rule- (7) the agency, to the maximum extent posmaking committee;

sible consistent with the legal obligations of (7) "negotiated rulemaking committee" or the agency, will use the consensus of the com"committee" means an advisory committee es- mittee with respect to the proposed rule as tablished by an agency in accordance with the basis for the rule proposed by the agency this subchapter and the Federal Advisory for notice and comment. Committee Act to consider and discuss issues

(b) USE OF CONVENERS.-for the purpose of reaching a consensus in the development of a proposed rule;

(1) PURPOSES OF CONVENERS.-An agency (8) "party" has the same meaning as in sec

may use the services of a convener to assist tion 551(3) of this title;

the agency in(9) "person" has the same meaning as in

(A) identifying persons who will be signifisection 551(2) of this title;

cantly affected by a proposed rule, includ(10) “rule" has the same meaning as in sec

ing residents of rural areas; and tion 551(4) of this title; and

(B) conducting discussions with such per(11) "rulemaking" means “rule making" as

sons to identify the issues of concern to that term is defined in section 551(5) of this such persons, and to ascertain whether the title.

establishment of a negotiated rulemaking

committee is feasible and appropriate in the (Added Pub. L. 101-648, $ 3(a), Nov. 29, 1990,

particular rulemaking. 104 Stat. 4970, $ 582; renumbered § 562, Pub. L. 102-354, $ 3(a)(2), Aug. 26, 1992, 106 Stat. 944.) (2) DUTIES OF CONVENERS.-The convener

shall report findings and may make recomREPEAL OF SECTION

mendations to the agency. Upon request of Section repealed effective six years after the agency, the convener shall ascertain the Nov. 29, 1990, see section 5 of Pub. L. names of persons who are willing and quali101-648, as amended, set out as an Effective fied to represent interests that will be signifiDate of Repeal; Savings Provision note cantly affected by the proposed rule, includ. under section 561 of this title.

ing residents of rural areas. The report and REFERENCES IN TEXT

any recommendations of the convener shall

be made available to the public upon request. The Federal Advisory Committee Act, referred to in par. (7), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

(Added Pub. L. 101-648, $ 3(a), Nov. 29, 1990, amended, which is set out in the Appendix to this 104 Stat. 4970, $ 583; renumbered $ 563, Pub. L. title.

102-354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)

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REPEAL OF SECTION

Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note under section 561 of this title.

AMENDMENTS

1992-Pub. L. 102–354 renumbered section 583 of this title as this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1437g. § 564. Publication of notice; applications for membership on committees

(a) PUBLICATION OF NOTICE.-If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include—

(1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;

(2) a description of the subject and scope of the rule to be developed, and the issues to be considered;

(3) a list of the interests which are likely to be significantly affected by the rule;

(4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;

(5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment;

(6) a description of administrative support for the committee to be provided by the agency, including technical assistance;

(7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and

(8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).

(b) APPLICATIONS FOR MEMBERSHIP OR1 COMMITTEE.-Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include

(1) the name of the applicant or nominee and a description of the interests such person shall represent;

(2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;

1 So in original. Probably should be “on”.

(3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and

(4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination.

(c) PERIOD FOR SUBMISSION OF COMMENTS AND APPLICATIONS.-The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.

(Added Pub. L. 101-648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102-354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)

REPEAL OF SECTION

Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note under section 561 of this title.

AMENDMENTS

1992-Pub. L. 102-354 renumbered section 584 of this title as this section.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 565 of this title.

§ 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.

1

(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

1 So in original. Probably should be "negotiated".

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