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City of Portland

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17.103.030 Authority of Director to Adopt Rules.

A.  The Director is hereby authorized to administer and enforce the provisions of this Chapter.

B.  The Director is authorized to adopt rules, procedures, and forms to implement the provisions of this Chapter.

1.  Any rule adopted pursuant to this Section shall require a public review process.  Not less than 10 nor more than 30 days before such public review process, notice shall be given by publication in a newspaper of general circulation.  Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained.

2.  During the public review, the Director shall hear testimony or receive written comment concerning the proposed rules.  The Director shall review the recommendations; taking into consideration the comments received during the public review process, and shall either adopt the proposed rules, modify or reject them.  If a substantial modification is made, the Director shall conduct additional public review, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made.  Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the Office of the Director and with the City Auditor’s Portland Policy Documents repository.

3.  Notwithstanding paragraphs 2 and 3 of this Section, an interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice.  Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than one year (365 days).  Within 5 business days of the adoption of an interim rule, the Director shall send notice of the rule to all the following, giving the language of the rule change, describing the purpose of the rule, and inviting the submission of comments.

a.  Neighborhood associations recognized by the City Office of Neighborhood Involvement,

b.  District Coalitions recognized by the City Office of Neighborhood Involvement,

c.  Business District Associations identified by the City Office of Neighborhood Involvement; and,

d.  Persons on the Bureau of Planning and Sustainability list of parties interested in administrative rules.