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3.30.045 Administrative Rulemaking Procedures.

(Added by Ordinance No. 186564, effective June 13, 2014.) 

A.  The Director has been delegated the authority to adopt and administer administrative rules appropriate to perform the duties set forth in Section 3.30.010 of this Title.  Such administrative rules shall be adopted according to the procedures in this Section.

B.  Permanent rules.

1.  Prior to the adoption of a permanent rule, the Director shall:

a.   Publish a notice in a newspaper of general circulation in the City.  The notice must be published not less than thirty days before adoption of the administrative rule.  The notice shall include the place and time of a proposed public hearing; a brief description of the subjects covered by the proposed rule; the final date for acceptance of written comments; the location to submit comments; and the location where copies of the full set of the proposed rules may be obtained.  A copy of the notice will be provided to the Office of Neighborhood Involvement at least thirty days before adoption.  The Director is only required to hold the public hearing if a written request is filed seeking a hearing.

b.  During the public review process, the Director shall hear testimony and receive written comments regarding the proposed rules.

c.  The Director will review the testimony and comments and may either adopt the proposed rule, modify it or reject it.

d.  If the Director makes a substantial modification to the proposed rule, the Director may provide additional time for public review and comment prior to adoption.

2.  Unless otherwise stated, all rules will be effective upon adoption by the Director.

C.  Interim rules.

1.  The Director may adopt an interim rule without prior notice upon a finding that a failure to act promptly will result in prejudice to the public interest.  

2.  Interim rules will be effective for a period of not longer than 180 days.  

3.   The Bureau of Development Services shall post public notice of the interim rule not more than 30 days after adoption by posting on its website and shall send notice to the Office of Neighborhood Involvement.  Such notice shall identify the location at which copies of the full set of the interim rules may be obtained.

D.   All final and interim rules shall be filed in the office of the Director.  Copies of all final and interim rules will be made available to the public at the Development Services Center.