[Added 9-13-1983 by Ord. No. 21-83]
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 Any rules not saved from repeal in accordance with § 3-80 shall be repealed 90 days after the adoption of this article.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.
A. 
Prior to adoption, amendment or repeal of any rule or bylaw, a copy of the proposed rule or bylaw shall be filed with the Borough Clerk at least 20 days prior to the public hearing at which time the rule or bylaw shall be considered for adoption, amendment or repeal. The rule or bylaw shall be clearly labeled "Proposed."
B. 
After adoption, amendment or repeal of any rule or bylaw, a copy of the rule or bylaw, as adopted, amended or repealed, shall be filed with the Borough Clerk. The filed copy shall contain a certification from the secretary of the agency noting the action taken by the agency, the date of the action and the vote.
A. 
If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon less than 20 days' notice, it may adopt an emergency rule which shall be effective for a period of not longer than 30 days.
B. 
Administrative rules authorized under Article III, § 3-26, of the Administrative Code of the Borough of Washington are hereby exempt from the provisions of this article.
A. 
Any person who alleges that any rule or bylaw of an agency of the Borough of Washington interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of a person, that person so complaining may request that Borough Council suspend enforcement of said rule by adoption of a resolution. Said resolution shall indicate the reasons why the rule was suspended and direct the agency who adopted, amended or repealed the contested rule to take a prescribed course of action to correct any defects. Failure of the agency to act in accordance with the resolution approved by the Borough Council within 60 days will result in the rule being either repealed or reinstated, whichever the appropriate case may be.
B. 
Review by Borough Council shall be deemed final with respect to exhausting administrative remedies.
C. 
A proceeding to contest any rule on the grounds of noncompliance with the procedural requirements of this article must be commenced within one year of the adoption, amendment or repeal of any rule.
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.
A. 
The Borough Clerk shall provide copies of any rule or bylaw to interested parties not affiliated with the Borough of Washington government at a cost of $0.20 per page.
B. 
Every document accepted for filing by the Borough Clerk under this article is available for free public inspection during normal working hours on normal working days.