No rule, except an exempt rule, shall be effective until after being adopted pursuant to the provisions of this article and filed with the Borough Clerk. Any rules not saved from repeal in accordance with §
3-80 shall be repealed 90 days after the adoption of this article.
All bylaws currently filed with the Borough Clerk are hereby
saved from repeal and shall remain in full force and effect as if
they had been adopted in accordance with the provisions of this article.
Any amendment to these bylaws after the effective date of this article
shall comply with the provisions of this article. The Borough Clerk
shall certify bylaws currently on file in her office upon adoption
of this article.
No agency may adopt or amend rules or bylaws unless said agency,
board or commission has been granted such authority by the Administrative
Code of the Borough of Washington, other local Borough ordinance or
state law. Nothing in this article shall be deemed to grant rule-making
authority to any agency and shall only provide the procedures to be
followed by said agencies, so empowered specifically by statute and
local ordinance.
All rules currently filed with the Borough Clerk are hereby
saved from repeal and shall remain in full force and effect as if
they had been adopted in accordance with the provisions of this article.
Any amendment to these rules after the effective date of this article
shall comply with the provisions of this article. The Borough Clerk
shall certify rules currently on file in her office upon adoption
of this article.
The procedures outlined in this article shall apply only in
the event that no other procedure is required by either local or state
law. In the event that other procedures are required by local or state
law, then those procedures shall be followed, provided that the filing
requirements and notice requirements established by this article shall
be adhered to in all cases.
Prior to the adoption, amendment or repeal of any rule or bylaw,
the agency shall give at least 20 days' notice of its intended action
by publishing a notice of a public hearing in the official newspaper.
The notice shall contain a synopsis or summary of the rule or bylaw
considered for either adoption, amendment or repeal and information
as to where the full text of the proposed rule or bylaw may be obtained.
Within 10 days after the agency takes action to either adopt, amend
or repeal a rule or bylaw, notice shall be published in the official
newspaper of the action taken by the agency.
Prior to the adoption, amendment or repeal of any rule or bylaw,
all interested persons shall be afforded reasonable opportunity to
submit data, views or arguments, orally or in writing, at a public
hearing, prior to any agency acting upon any proposed rule or bylaw
or amendment to or repeal of same.
Every rule or bylaw hereafter adopted, amended or repealed shall
become effective upon adoption by a majority of the agency and filing
of a certified copy of the agency's action with the Borough Clerk.
No rule or bylaw adopted shall be valid unless adopted in substantial
compliance with this article.
The filing of a certified copy of any rule shall be deemed to
establish a presumption of validity that it was duly adopted, that
adequate notice to the public was provided and that its text is the
text of the rule as adopted, amended or repealed. Judicial notice
may be taken of the text of each rule duly certified by the Borough
Clerk.
The Borough Clerk shall codify and compile all rules and bylaws
adopted by any department or agency and distribute copies of all rules
and bylaws to each department and agency and provide updates, as needed.