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16.40.970 Director and Committee Authority and Process.

A.  The Director may adopt and implement administrative rules, procedures, forms and written policies for administering the provisions of Chapter 16.40 under the authority granted under Section 16.40.010.

B.  The Committee may vote to adopt written recommendations to the Director and/or Bureau Commissioner-in-Charge pertaining to any provisions to Chapter 16.40 and all matters pertaining to PFHT.

C.  Before a recommendation is adopted, the Committee Chair must first provide notice of the proposed recommendation to the public in a manner reasonably calculated to accomplish such notice (assistance shall be provided by Bureau staff).  The notice must include the place, time and purpose of the public hearing, a brief description of the subjects covered by the proposed rule, and the location where copies of the full text of the proposed rule may be obtained.

D.  In addition to the general notice required in Subsection 16.40.970 C., the Committee Chair must also announce the proposed recommendation at a regularly-scheduled Committee meeting (the “Announcement Meeting”) prior to the meeting in which public testimony will take place (the “Testimony Meeting”).  At the Announcement Meeting, the Committee Chair will provide a copy of the proposed recommendation to anyone in attendance that so requests, and the Committee Chair will announce the date and time of the Testimony Meeting.  The Testimony Meeting must take place no less than 14 days or more than 75 days from the Announcement Meeting.

E.  At the Testimony Meeting, the Director and the Committee will receive oral and written testimony concerning the proposed rule by any Committee member.  Upon completion of the public testimony, the Committee may then vote to either:

1.  Adopt the proposed recommendation as originally proposed;

2.  Adopt a slightly modified version of the originally proposed recommendation;

3.  Move to substantially modified version of the originally proposed recommendation be considered at a later Committee Meeting and with additional public testimony; or

4.  Withdraw the proposed recommendation altogether and allow no further vote on it.

F.  If no Committee member seconds a Committee member’s motion under Subsections 16.40.970 E.1. - F.3 above, then the proposed recommendation does not take effect.  Any Committee member may make the motion to adopt a proposed recommendation.

G.  If a Committee member seconds the motion to adopt the proposed recommendation under Subsections 16.40.970 E.1. or E. 2., the Committee will then consider and discuss the proposed recommendation, taking into account any public testimony received.  Upon completion of the Committee’s discussion, the Committee Chair will then call for a vote on the proposed recommendation. If a majority of the Committee votes to adopt the recommendation, it is thereby adopted.

H.  If Committee member seconds a motion under Subsection 16.40.970 E.3, then additional public review must be conducted, but no additional public notice is required if an announcement is made at the Testimony Meeting of a future hearing for a date, time and place certain at which the substantially modified rule will be discussed.  After the additional testimony is received at the future hearing date, the proposed recommendation will be subject to the discussion, testimony and voting procedures found Subsections 16.40.970 E. - G.

I.  Recommendations for rule adoption and code revisions. At the recommendation of the PFHT Advisory Committee, the Director may adopt administrative rules pursuant to Section 16.40.970 and may provide to the Bureau Commissioner-in-Charge a recommendation to revise any sections here within Chapter 16.40.

J.  Unless otherwise stated, all rules are effective upon adoption by the Director.  All rules adopted by the Director will be filed in the Bureau’s office and posted on the Bureau’s website. Copies of all current rules will be made available to the public upon request.

K.  Notwithstanding Subsections 16.40.970 I. and J., the Director may adopt an interim rule without prior public notice or Committee action upon a finding that a failure to act promptly will likely result in prejudice to the public interest or the interest of the affected parties.  If the Director adopts a rule under this Subsection, the Director must state the specific reasons for such prejudice.  Any interim rule adopted pursuant to this Subsection is effective for a period of no longer than 120 days.

L.  Administrative Rules adopted pursuant to Section 16.40.970 have the same force and effect as any other provision of Chapter 16.40.  To the extent that any administrative rule conflicts with the provisions of Chapter 16.40, Chapter 16.40 will control and prevail.

M.  Before a rule is adopted, the Director must first provide notice of the proposed rule to the public in a manner reasonably calculated to accomplish such notice.  The notice must include the place, time and purpose of the public hearing, a brief description of the subjects covered by the proposed rule, and the location where copies of the full text of the proposed rule may be obtained.

N.  In addition to the general notice required in Subsection 16.40.970 N., the Director must also announce the proposed rule at a regularly-scheduled Committee meeting (the “Announcement Meeting”) prior to the meeting in which public testimony will take place (the “Testimony Meeting”).  At the Announcement Meeting, the Director will provide a copy of the proposed rule to anyone in attendance that so requests, and the Director will announce the date and time of the Testimony Meeting.  The Testimony Meeting must take place no less than 14 days or more than 75 days from the Announcement Meeting.

O.  At the Testimony Meeting, the Director and the Committee may will receive oral and written testimony concerning the proposed rule.  Upon completion of the public testimony, the Director may then choose, at the Director’s sole discretion, to either:

1.  Move to adopt the proposed rule as originally proposed;

2.  Move to adopt a slightly modified version of the originally propose rule;

3.  Move to substantially modified version of the originally proposed rule be considered at a later Committee Meeting and with additional public testimony; or

4.  Withdraw the proposed rule altogether and allow no further vote on it.

P.  Unless otherwise stated, all rules are effective upon adoption by the Director.  All rules adopted by the Director shall be filed in the Bureau’s office and posted on the Bureau’s website. Copies of all current rules will be made available to the public upon request.

Q.  Revisions to Chapter 16.40 may be presented to Council for consideration by the Transportation Commissioner-in-Charge.