Action By: Initiating Agency
Action:
7.1 Drafts a new (or amends, supersedes or repeals an existing) Public Rule in conformance with Policy Format, Layout and Style Guide INF 7-lG-1 (AEP).
REVIEW PROCESS - COUNTY AND PUBLIC:
Action By: Initiating Agency
Action:
7.2 Preliminary Review: For complicated or controversial rules, circulate a preliminary draft to community agencies and individuals which the initiating agency determines will be affected.
7.3 Formal Review: Circulate proposed Public Rule to:
(a) Community agencies and individuals who have requested such material.
(b) Other community agencies or individuals the department has determined should receive the material.
(c) Appropriate affected public agencies.
and
7.4 Circulate the proposed Public Rule to King County Executive Departments, agencies, members of both the King County Council and the King County Unincorporated Area Councils via attachment to electronic mail using the Archives and Records Management "Review and Comment" form for a minimum of forty-five days. For amendments, it is only necessary to distribute actual amended pages for review.
7.4.1 Use the Review and Comment mailing List that can be found on "ZZGrp, Public Rules Review Group."
7.5 Publish a Notice of Intent to Adopt Public Rules in the County's official Paper of General Circulation. This notice will include:
(a) Initiating agency name and address;
(b) Reference to the authority under which the Rules is proposed.
(c) A statement of the terms and substance or substance of the proposed rule.
(d) Notification of written comment period and final date for receipt of same; (ensure the public is given at least forty-five days to review and comment on the proposed Public Rules).
(e) The time, place and type of the public hearing (scheduled public hearing, requested public hearing or walk-in comment period - see step 6.2.3).
(Note: Steps 7.3 through 7.5, above, may be carried out simultaneously or sequentially; the only requirement is that the filing of the final Public Rule (step 7.13) occurs at least 45 days after the filing of the Notice of Intent (step 7.6)).
7.6 File the Notice of Intent to Adopt Public Rules with the Department of Executive Services, Archives and Records Management Section.
TAKING COUNTY and PUBLIC COMMENTS
Action By: Initiating Agency
Action:
7.7 Conduct the type of Public Hearing indicated in the Notice of Intent to Adopt (See 6.2.3). Collect comments as follows:
Scheduled Public Hearing
(a) Tape recording or written summary of meeting.
(b) Sign-up sheet of attendees and speakers, and
(c) Summary of comments.
A scheduled public hearing can be organized in two ways (a) a briefing followed by question and answer format; or (b) a briefing followed by public testimony. In both cases, the meeting should be recorded on tape or a summary of the meeting should be made. An opening statement should be read into the record to include the name, position, and agency of the speaker; the date, place and time of the hearing; the title, number and purpose of the Public Rule; and the agenda and procedures for conduct. Include a sign-up sheet for all attendees and a speaker sheet for all who speak at the hearing. Attendees and speakers are not required to give their names to be allowed to comment.
Requested Public Hearing
(a) Copies of any written requests for a hearing, and
(b) If over five requests, save the same documentation as for the scheduled public hearing, including the second Notice containing hearing information.
If the public hearing is requested, it is not necessary to find a time at which all interested parties can attend; but arrangements which obviously prevent or make meeting attendance difficult are to be avoided. A requested public hearing is organized the same as a scheduled public hearing and a notice of the hearing information must again be published in County's Paper of General Circulation.
Walk-in Comment Period
(a) summary of comments and
(b) Sign-up sheet of people who made the comments.
At least two persons should be designated to receive comments and at least one should be in the office during the official hours of the issuing department.
The issuing department should establish reasonable procedures for the conduct and documentation of the walk-in comment process. Relevant information regarding the walk-in comment period should be posted in one or more sites in the office which are readily visible to the public. Relevant information includes the names of staff who will receive comments, time limits, and any conditions or restrictions under which comments may be given.
Meetings and/or a walk-in comment period will be open to all members of the public and the press and will be accessible for people with disabilities.
7.8 Accept comments, including those submitted orally, in writing and by electronic means, from community agencies and individuals and from County departments and agencies.
A response should be sent to all those who submit written comment. At a minimum, the response should acknowledge receipt of the comment and thank the writer for taking time to comment on the proposed Rules.
REVISING THE DRAFT RULE:
Action By: Initiating Agency
Action:
7.9 Fully consider all written and oral submissions regarding the proposed Rule and address these concerns in a report to the Department Director.
7.10 If there is a substantial difference from the proposed Rule originally distributed, the initiating agency shall publish a new Notice of Intent to Adopt Public Rules and conduct a new public hearing. This report must also be available for public inspection.
FINAL APPROVAL - INTERNAL ROUTING:
Action By: Initiating Agency
Action:
7.11 Transmit the final draft to the respective Department Director, accompanied by:
(a) A list of all agencies and organizations and individuals to whom the proposed Rules was distributed;
(b) A report of all comments received, stating how comments were addressed;
(c) A public rules cover sheet (DOC, 43 KB); and
(d) A copy of the Notice of Intent to Adopt.
7.11.1 Save a copy of all the rulemaking documents in 7.7 and 7.11 for documenting the rule-making process.
Action By: Department Director
Action:
7.12 Sign the Public Rule in the "Approved" section of the letterhead.
Action By: Initiating Agency
Action:
7.13 File signed Public Rule with Archives and Records Management, including copies of backup documentation listed in Section 7.11. (NOTE: Filing must occur at least forty-five days after publication of Notice of Intent to Adopt.)
Action By: Archives and Records Management
Action:
7.14 Stamp Public Rule with filing date. Check for Director's signature and documentation required in Section 7.11.
7.15 Complete Public Rule Cover Sheet, Effective Date (30 days after filing), and Document Code Number on all pages of Rule.
7.16 Provide a copy in writing or electronic format of the adopted Public Rule to the Clerk of the County Council and each member of the County Council.
7.17 Post the Public Rule on the internet.
7.18 Update the Public Rules Index as necessary.
7.19 Notify all Manual Stations that a new Public Rule has been approved.
7.20 Maintain the original copy of Public Rule and backup documentation listed in 7.11 for permanent retention.
Action By: Initiating Agency
Action:
7.21 Disseminate Rule, in paper copy or in electronic format, to all affected community groups. private sector groups, and other public agencies.
EMERGENCY RULES:
Action By: Initiating Agency
Action:
7.22 If the agency finds that immediate adoption of a Rule is necessary, as described in paragraph 6.4, the agency may adopt an Emergency Rule or Amendment as described below
7.23 Draft a new Public Rule in conformance with Format, Layout and Style Guide INF 7-1G-1 (AEP).
7.24 Complete a brief statement of the reasons for bypassing public Review and Comment, and attach it to the front of the document between the cover sheet and Public Rule.
7.25 Submit the final draft to the respective Department Director accompanied by:
(a) Public Rules Cover Sheet (DOC, 43 KB) [See INF 7-1G-1 (AEP), section 7.4.1]; and
(b) Statement of the reasons for adopting an Emergency Rule.
Action By: Department Director
Action:
7.26 Sign the "Approved" section of the letterhead.
Action By: Initiating Agency
Action:
7.27 File the signed Emergency Rule, cover sheet and statement of findings for use of Emergency Rule with Archives and Records Management.
Action By: Archives and Records Management
Action:
7.28 Stamp Emergency Rule with filing date.
7.29 Complete Public Rule Cover Sheet, Filing Date, Effective Date (from date of filing effective for 150 days), and Document Code Number on all pages of Rule.
7.30 Send copy of Emergency Rule, in writing or by electronic format, to the Clerk of the County Council and each member of the County Council within three (3) business days after the Rule is filed with Archives and Records Management.
7.31 Post the Public Rule on the internet.
7.32 Add Emergency Public Rule to the Index as necessary.
7.33 Notify all Manual Stations that an Emergency Public Rule has been approved.
7.34 Maintain the original copy of Emergency Public Rule and backup documentation for permanent retention.
