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Charter, Code and Policies

City of Portland



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6.08.040 Administrative Authority Rulemaking.

A.  The Director of the Portland Housing Bureau may adopt procedures, forms and written policies for administering the Construction Excise Tax.  Authority granted to the Director of the Portland Housing Bureau under this Chapter 6.08 may be delegated, in writing, to employees or agents of the Portland Housing Bureau.  The Director of the Portland Housing Bureau may adopt rules related to matters within the scope this Chapter 6.08, conforming to the intent and purpose of this Chapter 6.08.  Adoption of rules by the Director shall follow the procedures set forth in this Section.

B.  Permanent rules.

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

a.  Publish a notice in a newspaper of general circulation in the City. The notice must be published not less than thirty days before the hearing. The notice must identify the place, time and purpose for the 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 the hearing.

b.  At the hearing, a designee of the Director will hear testimony and receive written comments regarding the proposed rules. The designee will provide a recommendation to the Director. The recommendation will take into consideration the comments received.

c.  The Director will review the recommendation of the designee and may either adopt the proposed rule, modify or reject it.

d.  If a substantial modification is made to the proposed rule, the Director may adopt the modification as an Interim Rule or provide additional public review prior to adoption.

2.  Unless otherwise stated, all rules will be effective two weeks after adoption by the Director.

C.  Interim rules.

1.  The Director may adopt interim rules without prior notice upon a finding that a failure to act promptly will result in a serious threat of injury or hazard to the public health or public or private property. The rule will include specific reasons for the finding.

2.  Interim rules may be effective for a period of no longer than 180 days.

3.  Not more than 30 days after adoption of an interim rule, public notice of interim rules must be given by publication in a newspaper of general circulation and notice sent to the Office of Neighborhood Involvement. Such notice must also identify the location at which copies of the full set of the interim rules may be obtained.

D.  All final and interim rules must be filed in the offices of the Portland Housing Bureau’s Director. All final and interim rules will be made available to the public at the Development Services Center, and posted on the City’s website.