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A. The Director has the authority to adopt
administrative rules and supplemental regulations related to the provisions of
Chapters 32.40 through 32.68 of this Title. The rules and regulations must be in
conformance with the intent and purpose of this Title. The Director has the
authority to administer such rules and regulations. Rules will be adopted
according to the procedures 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. An interim rule may be
adopted by the Director 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 will be
effective for a period of not 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 Director. All final and interim rules
will be available to the public at the Development Services Center.
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