(1) An agency may nominate a person to serve as a facilitator for the negotiations of the negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a substitute nomination. If the committee does not approve the substitute nomination of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or presiding officer for the committee.
(2) A facilitator approved or selected by a negotiated rulemaking committee shall:
(a) Preside at the meetings of the committee in an impartial manner;
(b) Impartially assist the members of the committee in conducting discussions and negotiations and achieving consensus; and
(c) Manage the keeping of minutes and records.