Chapter 2.75
ADMINISTRATIVE RULEMAKING

Sections:

2.75.010    Adoption of administrative rules.

2.75.020    Public rulemaking – Compliance with chapter and State law – Intent.

2.75.030    Definitions.

2.75.040    Rules to implement policy – Penalties and fees by ordinance or other law – Rules to be understandable.

2.75.050    Rules – Filing – Formatting – Required information.

2.75.060    Notice of rulemaking – Adoption procedures – Substantial compliance.

2.75.070    Emergency rules or amendments.

2.75.080    Effective dates of rules.

2.75.090    Adoption of certain other laws.

2.75.100    Reference to hearing bodies.

2.75.010 Adoption of administrative rules.

Reserved. (Ord. 40-02 § 4 (15.10.010))

2.75.020 Public rulemaking – Compliance with chapter and State law – Intent.

In adopting rules, City Departments shall comply with this chapter and applicable State law. The intent of this chapter is to ensure City Departments afford the public fair notice about and reasonable access to rules and the rulemaking process. (Ord. 40-02 § 4 (15.10.011))

2.75.030 Definitions.

For the purpose of this chapter:

(1) “Department” means City Manager’s Office, City Clerk’s Office, Finance Department, Community Development Department, Public Works Department, and Parks Department. However, “Department” does not include the Commission, contract agencies, or Hearing Examiner.

(2) “Penalty” means a punishment established by ordinance or other law imposed as a consequence of failing to abide by or comply with the law, ordinance or rule adopted under ordinance or other law.

(3) “Rule” means any Department order, directive or regulation of general applicability:

(a) The violation of which subjects a person outside City employment to a penalty;

(b) The violation of which subjects a person outside City employment to a payment of a fee;

(c) The violation of which establishes, alters or revokes any procedure, practice or requirement relating to a Department hearing; or

(d) The violation of which establishes, alters or revokes any qualifications or standards for the issuance, suspension or revocation of a license to pursue any commercial activity, trade or profession.

(4) “Rule” includes the amendment or repeal of a prior rule, but does not include:

(a) A statement concerning only the internal management of a Department and not affecting private rights or procedures available to the public;

(b) A declaratory ruling issued in accordance with an ordinance; or

(c) A traffic restriction for motor vehicles, bicyclists and pedestrians established by the Public Works Director or designee if an official traffic control device gives notice of the restriction. (Amended at request of department 2/08; Ord. 40-02 § 4 (15.10.012))

2.75.040 Rules to implement policy – Penalties and fees by ordinance or other law – Rules to be understandable.

(1) A Department may only adopt a rule under this chapter to implement an ordinance or other law. Any rule in conflict with an ordinance or other law is null and void to the extent of the conflict.

(2) Penalties shall be established only by ordinance or other law. Imposition of fees and the amount of fees shall be established as authorized by ordinance or other law.

(3) A Department should adopt rules that are clearly and simply stated so the rules are understandable. (Ord. 40-02 § 4 (15.10.013))

2.75.050 Rules – Filing – Formatting – Required information.

(1) A Department that adopts rules shall make available to the public a description of the Department’s rule adoption procedures. The description shall include information on how to inquire about the Department’s proposed and adopted rules and public comment opportunities.

(2) A Department shall file proposed and adopted rules with the City Clerk’s Office for archives and records management functions. The City Clerk’s Office shall maintain a master list and create an index of the rules, in electronic format, for inspection review and copying by the public.

(a) The index shall include a list of public rules with reference to the rule number and the Department that adopted the rule. The list shall be searchable by either subject or key words, or both.

(b) The City Clerk’s Office shall provide a copy, in writing or by electronic format, of the adopted rules to the City’s web site.

(3) Rules adopted by a Department shall at a minimum comply with the following:

(a) Rules shall be reproduced on eight-and-one-half-inch by eleven-inch white paper;

(b) Each page of a rule shall contain the name of the Department adopting the rule, the subject or title of the rule, and date the rule was adopted, the effective date of the rule and the page number and total number of pages of the rule;

(c) The text of the rule shall refer to the ordinance or other law upon which the rule based; and

(d) If amending or repealing an existing rule, the text of the rule shall cite the existing rule.

(4) An amendment to a rule shall follow the same format as used in preparing the initial rule. The Clerk’s Office shall ensure that amended rules are reflected in the index prepared under subsection (1) of this section. (Ord. 40-02 § 4 (15.10.014))

2.75.060 Notice of rulemaking – Adoption procedures – Substantial compliance.

(1)(a) Prior to the adoption, amendment or repeal of any rule, each Department shall give at least 45 days’ notice of its intended action by:

(i) Filing a notice with the City Clerk’s Office;

(ii) Providing, at least in writing or by electronic format, the notice to: all persons and other parties who have made timely request of the agency for advance notice of its rulemaking proceedings on a special topic; the Clerk; each member of the Council;

(iii) Giving public notice by one publication in the official newspaper.

(b) The notice shall include:

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

(ii) A statement of either the terms or substance of the proposed rule or a description of the subjects and issues involved; and

(iii) The time, place and manner, including at least in writing or by electronic format, in which interested persons may present their views on the rule. To the extent practicable, the Department should permit persons to present their views at a public meeting, according to rules established by the Department.

(2) The Department giving the notice required in this section shall consider all comments received by the prescribed time and shall make reasonable efforts to provide written responses to the comments before the rule is adopted.

(3) Adoption of a rule by a Department is accomplished by the Department’s Director or City Manager for his or her respective Department, signing the proposed rule.

(4) A rule adopted under this section is not valid unless adopted in substantial compliance with this section. In any proceeding, a rule shall not be considered invalid on the ground of noncompliance with the procedural requirements of this section if two years or more have elapsed from the effective date of the rule. (Ord. 40-02 § 4 (15.10.015))

2.75.070 Emergency rules or amendments.

(1) If the Department finds that immediate adoption or amendment of a rule is necessary for the preservation of the public health, safety or general welfare, and that observance of the requirements of notice and opportunity to present views on the proposed rule would be contrary to the public interest, the Department may dispense with the notice, comment and public meeting requirements of this chapter and adopted the rule or amendment as an emergency rule or amendment.

(a) The Department’s finding and a brief statement of the reason for its finding shall be incorporated in the emergency rule or amendment as filed with the City Clerk’s Office.

(b) An emergency rule or amendment shall not remain in effect for longer than 180 days.

(c) This section does not relieve any Department from compliance with any ordinance or other law requiring that the Department’s rules be approved by designated persons or bodies before the rules take effect.

(2) An emergency rule adopted under this section is not valid unless adopted in substantial compliance with this section. In any proceeding, a rule shall not be considered invalid on the ground of noncompliance with the procedural requirements of this section if two years or more have elapsed from the effective date of the rule.

(3) The City Clerk’s Office shall provide copy, in writing or by electronic format, of an emergency rule to the Council within three business days after the rule is filed with the Clerk’s Office. (Ord. 40-02 § 4 (15.10.016))

2.75.080 Effective dates of rules.

(1) Emergency rules adopted under CMC 2.75.070 take effect upon filing with the Clerk’s Office. All other rules adopted under this chapter take effect 30 days after the date of filing with the City Clerk’s Office, unless a later date is required by statute or specified in the rule.

(2) The City Clerk’s Office shall compile and index all rules adopted by each Department. Compilations shall be supplemented or revised as often as necessary and at least once every year. (Ord. 40-02 § 4 (15.10.017))

2.75.090 Adoption of certain other laws.

Code compliance ordinance referenced within this title shall mean Chapter 1.30 CMC. (Ord. 10-07 § 2; Ord. 40-02 § 4 (15.10.020))

2.75.100 Reference to hearing bodies.

Hearing bodies or boards discussed within this title shall be as outlined in CMC Title 14, Division I, for the Hearing Examiner, specifically Chapters 14.30 and 14.35 CMC. (Ord. 40-02 § 4 (15.10.030))