(a) Use of Negotiated Rulemaking. Before considering whether to propose the use of negotiated rulemaking, HHS agencies will consider whether, to a significant degree, its use would:(1) be more likely to result in workable or reasonable regulations;(2) offer opportunity for a creative solution to regulatory issues; or(3) decrease the likelihood of litigation.(b) The HHS agency will make the final decision regarding the use of negotiated rulemaking.(c) Process. HHS agencies will follow the process set forth in Chapter 2008 of the Texas Government Code.