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Ordinance No. 19570
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Ordinance No. 19570
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Last modified
6/10/2010 3:45:31 PM
Creation date
3/3/2009 12:36:28 PM
Metadata
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Council Ordinances
CMO_Document_Number
19570
Document_Title
Ordinance concerning the Parks, Recreation & Cultural Services Department; amending Sections 2.812, 2.813, 2.814, 2.815, 2.816, 2.817, 2.1990 & 4.680 of the Eugene Code, 1971; and declaring an emergency.
Adopted_Date
7/13/1988
Approved Date
7/13/1988
CMO_Effective_Date
7/13/1988
Signer
Brian B. Obie
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2.814 Parks, Recreation and Cultural Services De artment - Filin and <br />Takes ng Effect of Ru,l es. <br />~1} The execut~~ve director shall file in the office of the cit <br />y <br />recorder a certified copy of each rule adopted. <br />~2} Each rule is effective 30 days after filing in the city <br />recorder's office as required by subsection ~~} of this section, exce t that: <br />a If p <br />~,} a later effective date is required by statute or <br />spec~f~ed ~n the rule, the later date is the effective date. <br />fib} A rule bearing an emergency clause becomes effective <br />upon filing with the city recorder. <br />~3} The office of the city recorder shall supply copies of the <br />adopted rules and regulations upon request. The office may char e a fee to <br />g <br />cover costs. <br />2.815 Parks, Recreation and Cultural Services De artment - validit of <br />Rules. <br />~1} There is a presumption in favor of the validity of rules <br />adopted by the executive director pursuant to these sections. <br />~~} The council may determine the validity of any rule at an <br />time u on its own motion or ~ y <br />p upon a wr7tten request received from 1o persons <br />or from an association having not less than 10 members within 30 da s of <br />the rule bei n filed i n the y <br />g office of the city recorder pursuant to section <br />2.514. Determ~nat~on of the rule's validity shall be in the manner <br />prescribed in sections ~.007~9} and X10}. <br />~3} A rule shall be declared invalid only if it: <br />~a} violates constitutional provisions, or <br />4b} Exceeds the duties and powers of the parks, recreation <br />and cultural services department, or <br />~c} was adopted without compliance with applicable rule- <br />mak~ng procedures. <br />Z.815 Parks, Recreation and Cultural Services De artment - A enc Deter- <br />mination of A licabilit of Rule to Petitioner. <br />~1} On petition of any interested person, the executive director <br />~n his or her dlscret~on may issue a declaratory Tulin with res ect to the <br />a licabilit o g p <br />pp y f any rule enforceable by the executive director to any state <br />of facts, person, or property. <br />~2} The executive director may appoint a hearings officer to take <br />evidence and hear argument at any hearing held pursuant to this section. <br />~3} The rules set forth in section x.391 to 2.400 shall Quern <br />the conduct of the hearin . g <br />g <br />~4} .A final order issued by a hearings official shall be accom- <br />pan~ed by findings of fact and conclusions of law. A copy of the final <br />order shall be delivered or mailed to each party. <br />x.817 Parks, Recreation and Cultural Services De artment - Review of <br />De artment Determination. <br />~1} Any person adversely affected or aggrieved by an order is <br />entitled to review of the final order by the council. <br />~~} The petitioner shall have 30 days from the date notice <br />Ordinance - 2 <br />
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