Chapter 30.82
RULEMAKING

Sections:

30.82.010    Rulemaking.

30.82.020    Format of rules.

30.82.030    Notice of proposed rule.

30.82.040    Approval of rule and public notice.

30.82.050    Emergency rule.

30.82.060    Effect of rule.

30.82.065    County council review of rules.

30.82.070    Pre-existing policies, procedures, and rules.

30.82.080    Public inspection of rules.

30.82.010 Rulemaking.

(1) Rules as authorized by this chapter are intended to provide detail or specificity for existing code sections or requirements. This chapter does not authorize or support the creation or enactment of new regulations through the rulemaking process.

(2) This chapter shall not apply to:

(a) Policies and procedures involving matters of internal administration or management of county departments;

(b) Code interpretations; or

(c) Submittal requirements.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.020 Format of rules.

Each rule shall contain:

(1) The name of the department issuing the rule;

(2) The subject or title of the rule;

(3) Reference, to the provision of this title, law, or ordinance upon which the rule is based;

(4) The content of the rule; and

(5) The date the rule becomes effective.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.030 Notice of proposed rule.

(1) Prior to approval, amendment or repeal of any rule, the applicable director shall give at least 21 days notice of a proposed rulemaking action by filing a notice with the clerk of the Snohomish County Council, posting a copy of the proposed rule at the information counter of the department, giving public notice by one publication in the official county newspaper, and by such other means as the director may deem appropriate.

(2) Notice shall include:

(a) Reference to the authority under which the rule is proposed;

(b) A summary of the proposed rule, including a description of the subjects and issues involved; and

(c) Where to obtain a copy of the proposed rule and how to submit written comments.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.040 Approval of rule and public notice.

(1) After reviewing and considering the comments submitted in response to the notice of proposed rulemaking, the applicable director may approve the proposed rule or rule amendment with or without changes, or repeal an existing rule.

(2) The director shall provide notice of adoption of the proposed rule, rule amendment, or repeal of the rule by filing a notice of final action with the clerk of the county council, giving public notice in the official county newspaper, and sending copies to any person who submitted written comments on the proposed rule.

(3) The decision of the applicable director on matters relating to adoption of administrative rules shall be final and not subject to review.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.050 Emergency rule.

Any proposed rule or amendment to a rule may be adopted as an emergency rule and the director may dispense with the requirements of notice and public comment on the proposed action, if the director finds that adoption of a new or amended rule is necessary for the immediate preservation of public health, safety, or general welfare, and that observance of the 21-day minimum comment period would be contrary to the public interest. The director’s finding and a brief statement of the reasons for the finding shall be incorporated in the emergency rule as filed with the clerk of the Snohomish County Council. An emergency rule may not remain in effect longer than 120 days after filing without first being subject to the notice and approval procedures of SCC 30.82.030 and 30.82.040.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.060 Effect of rule.

(1) A rule approved under SCC 30.82.040 shall become effective upon filing notice of final action on the rule with the clerk of the county council, or after filing if a later date is specified in the rule.

(2) A rule issued in accordance with the provisions of this chapter shall have the same effect and shall be enforceable as a provision of this title.

(3) A rule shall remain in effect until amended or repealed in writing by the director pursuant to this chapter.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.065 County council review of rules.

(1) A rule approved under SCC 30.82.040 shall be reviewed by the council upon request by an interested person when such request is submitted in writing to the department no later than 120 days after rule approval.

(2) Council review shall determine whether the adopted rule is consistent with the scope of the department’s rule making authority as specified in SCC 30.82.010(1).

(3) After reviewing the rule, the council may, upon motion, direct the department to retain, amend or repeal the rule.

(4) The person requesting review and the department shall be notified of the date, time and place of council review at least 14 days prior to council review.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.82.070 Pre-existing policies, procedures, and rules.

The applicable director shall review existing policies, procedures, and rules and determine which constitute rules pursuant to this chapter. All policies, procedures, and rules in effect on the effective date of this title which the director within 60 days thereafter files with the clerk of the county council and posts on the departmental website shall remain in effect until amended or repealed; provided that all such policies, procedures, and rules shall no later than December 31, 2004 be repromulgated through the rulemaking procedures of this title except policies, procedures, and rules related to critical area regulations. The pre-existing policies, procedures, and rules related to critical area regulations shall be repromulgated within six (6) months after any critical area regulations amended in accordance with the Growth Management Act mandated 7-Year compliance review of the Comprehensive Plan or within six (6) months following the date that any subsequent related appeals are settled, whichever is later.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-069, July 28, 2004, Eff date August 22, 2004)

30.82.080 Public inspection of rules.

The department shall maintain copies of all rules, and a current index, which shall be made available upon request for public inspection and copying.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)