Admin Order 53-07-02-F - Laserfiche WebLink

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j . f ADMINISTRATIVE ORDER NO. 53-07-02-F of the City Manager City of Eugene, Oregon AMENDING AND ADOPTING PAYDAY LOANS BUSINESS LICENSE EMERGENCY ADMINISTRATIVE RULE R-3.552 AS A PERMANENT RULE AND REPEALING ADMINISTRATIVE ORDER NO. 53-06-05. The City Manager of the City of Eugene fmds that: A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules for administration and implementation of any provisions of that Code. On July 10, 2006 the City Council adopted Ordinance No. 20372 adding Sections 3.550 through 3.560 to that Code e~tablishing Payday Loans business regulations. Section 3.552 specifically authorizes the City Manager to adopt rules implementing those newly adopted provisions. B. Pursuant to that authority Payday Loans Business License Emergency Administrative Rule R-3.552 was adopted by Administrative Order No. 53-06-05 on August 11, 2006, with an immediate effective date. C. On January 10, 2007 I issued Administrative Order No. 53-07-02 proposing that Emergency Rule R-3.552 be amended by: (a) amending Rule R-3.552-C-2 and R-3.552-D-l to specify the information to be included in a poster to be displayed by Payday Lenders advising borrowers of their rights under the Eugene Code, 1971; (b) deleting Rule R-3.552-C-4 as being no longer applicable; ( c) amending R -3.552-D-8 to require posting of a Borrower's Rights Poster in a prominent place at the licensed premises; and (d) amend R-3.552-J to add Failure to Post Borrower's Rights Poster to the list of violations for which a penalty may be imposed, and adoption of Emergency Rule R-3.3552 asa permanent rule. D. Notice of the proposed amendment and adoption was published in the Register Guard, a newspaper of general circulation within the City for five consecutive days, to-wit: January 15, 16, 17, 18 and 19, 2007. The Notice was also made available for persons who had requested such notice and. provided that written comments would be received thereon for a period of 15 days from the first date of publication. Two comments were received from Nathan Peterson, Vice President of Operations for Quik Check Financial, Inc., to which I make the following findings; . Comment 1: With respect to R-3.515-H - Suspension and Revocation, Mr. Peterson commented that revoking a license for up to 45 days for two violations within a 24 month period was excessive and unnecessary, as was revoking a license permanently for a third violation within a 24 month period. He felt no consideration was provided for the seriousness of the violation and that city employees could make arbitrary decisions resulting in a violation. He recommended that a revocation occur only after notification and an opportunity was given to correct the. violation. Administrative Order -1