§ 2-94. Notification and public hearing.

(1)

If the city clerk establishes or selects a publication for compiling and publishing notices of proposed rule-making as described in section 2-93, adopting authorities shall submit notices of proposed rule-making to the city clerk who may cause them to be published in such publication according to a schedule established by the city clerk that allows at least twenty (20) days between the publication of the notice and the date of the hearing. Whether or not the city clerk establishes or selects such a publication, adopting authorities shall cause to be published a notice of proposed rule-making at least twenty (20) days before conducting public hearings on the proposed rules. Adopting authorities shall also file a copy of such notice and the complete text of the proposed rule with the city clerk on or before the date of publication.

(2)

The notice shall include the following information:

(a)

The date, time, place, purpose and subject of the public rule-making hearing;

(b)

A description of the subject of the proposed rules;

(c)

The requirements, if any, for interested parties to notify the adopting authority of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice;

(d)

The authority under which the rule is proposed; and

(e)

A statement that the complete text of the proposed rule is on file with and may be examined at the office of the city clerk.

(3)

The adopting authority may revise the text of the proposed rule on file with the city clerk as necessary in the judgment of the adopting authority by filing the revised portions of the text with the city clerk at least three (3) days before the date of the hearing. Changes in the text of the proposed rule may be made during or as a result of the hearing in the discretion of the adopting authority without further notice or hearing. The adopting authority may reschedule the rule-making hearing by publishing a notice of rescheduling at least twenty (20) days before the rescheduled hearing, setting out the date, time and place of such rescheduled hearing, the purpose of the proposed rules, and citing the prior notice by its date of publication. Once a hearing has begun, it may be continued by the adopting authority without further publication or notice.

(4)

Any person who wishes to comment on proposed rules may do so in writing delivered to the adopting authority prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. Minutes may be prepared by the adopting authority to memorialize oral comments or presentations at the hearing as part of the rule-making record. If minutes are not prepared, the adopting authority shall preserve the proceedings at the hearing on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(5)

Each adopting authority shall maintain a list of the names and mailing addresses of parties who request to be notified when the adopting authority proposes to adopt rules, relying solely on such request for names of interested parties. All parties on such a list shall be sent, at the expense of the city at the last address furnished (unless the name and address have been deleted at the party's request), the notice described in subsection (1) of this section by first class mail on or before the date of publication of notice of rule-making.

(6)

At the time and place stated in the published notice, the adopting authority shall conduct a public hearing to allow interested parties the opportunity to participate. The adopting authority may set reasonable time limits on participation.

(Ord. No. 557-93, § 1, 7-19-93)