Admin Order 56-06-02-F w/exhibit

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ADMINISTRATIVE ORDER NO. 56-06-02-F of the City Manager City of Eugene, Oregon ADOPTING USED MERCHANDISE DEALER ADMINISTRATIVE RULE R- 4.989. The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971 ( "EC "), authorizes the City Manager to adopt rules for implementation of any provisions of that Code. In addition to that authority, EC 4.989, which was adopted by Ordinance No. 20361 on February 15, 2006, specifically authorizes the City Manager to adopt rules regarding the implementation of an electronic reporting system for used merchandise dealers. B. Following the procedures set forth therein, on October 3, 2006 I issued Administrative Order No. 56 -06 -02 proposing the adoption of Used Merchandise Dealer Administrative Rule R -4.989 as set forth therein. C. Notice of the proposed adoption was given by making copies available to any person who had requested such notice and by publication thereof in the Register Guard, a newspaper of general circulation within the City for five consecutive days, to wit: October 9, 10, 11, 12, 13, 2006. The Notice provided that written comments would be received thereon for a period of 15 days from the date of the first publication. Only one comment was received within the time or in the manner provided in the notice, to which I make the following findings: Comment Lance Barkley submitted a letter requesting consideration of six separate questions prior to implementation of the administrative rule. However, only question (1), which asked why they were being required to keep paper records if they were required to pay the City for the services of Business Watch International for the automated transmission of second -hand dealer transactions, and an unnumbered comment questioning being threatened with jail, relate to the subject matter of the administrative rule, to which I make the following response: Finding Question (1): The requirement to maintain paper records is imposed by ordinance as codified in Section 4.989 of the Eugene Code, 1971. The reference in the administrative rule is to that Code requirement, which cannot be waived or altered by administrative rule. With respect to being threatened with jail, the only reference in the administrative rule to enforcement is contained in R- 4.989 -A.3, which provides failure to fully and accurately complete a reporting form shall constitute a violation as set out in EC 4.989(10). The penalty for such a violation is a fine of not more than $360 and /or proceedings seeking injunctive relief. No provision is made for imposing a jail sentence. No changes have been made to the administrative rule as a result of these comments. Administrative Order - 1