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City of Portland

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3.128.040 Administrative Rulemaking Procedures.

(Added by Ordinance No. 186898, effective November 19, 2014.)

A.  Purpose.  The Director has been delegated the authority to adopt and administer administrative rules appropriate to perform the duties set forth in Section 3.128.030.  Administrative rules shall be adopted according to the procedures in this Section.

B.  Adopting Rules.

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

a.  Give notice of the proposed rule at least 15 days prior to the effective date of the rule to City Commissioners, Bureau Directors and other parties of interest. The notice shall include 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. 

b.  During the comment and review process, the Director will analyze written comments, engage stakeholders and solicit legal review.  The Director may either adopt the proposed rule, modify it or reject it. 

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

d.  Unless otherwise stated, all rules will be effective upon adoption by the Director.  Permanent rules shall be filed in the Portland Policy Documents repository. 

e.  Upon consultation with the Commissioner in Charge, 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 City’s interest.  Interim rules will be effective for a period of no longer than 180 days.  No later than 15 days after adoption, notice of the interim rule shall be given to City Commissioners, Bureau Directors and other parties of interest as identified by the Director. 

2.  All administrative rules shall be posted on the Bureau’s website. 

3.  The Director may repeal any adopted rules upon consultation with the Commissioner in Charge.  Notice of repeal will be given to City Commissioners, Bureau Directors and other parties of interest.