48-3609.02. Adoption of rules; procedures; exemptions; definition
A. The board of directors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules.
B. The procedures shall contain at least the following provisions:
1. The district shall provide at least two weeks’ notice of a meeting at which the public is able to provide comments on the draft language of the proposed rule. The notice shall include the entire text of the draft proposed rule and it shall be made available to the public. The district shall accept written or verbal comments on the draft language.
2. The district shall provide at least two weeks’ notice of a meeting at which the final text of the proposed rule is considered by the board of directors. The notice shall include the entire text of the final version of the proposed rule and it shall be made available to the public. At least one week before the meeting, the district shall provide the public with the district’s written responses to written public comments and may provide written responses to verbal comments.
3. The district shall provide the board of directors with copies of the public comments and the district’s written responses to the public comments. If as a result of public comments or internal review, the board of directors determines that the text of a proposed rule requires substantial change, the board of directors shall issue a supplemental notice containing the changes to the proposed rule and shall provide for additional public comment before adoption.
C. Notwithstanding this section, the board of directors may provide alternative procedures for the adoption of a rule if the board makes a finding that an emergency exists and adoption of the rule is necessary to protect the public health, safety or welfare, to avoid an imminent budget reduction or to avoid serious prejudice to the public interest. Within a reasonable time after adopting an emergency rule, the board of directors shall review the emergency rule to determine whether the rule should continue in effect or be terminated.
D. Notwithstanding this section, the board of directors may provide alternative procedures for the adoption of a rule if the rule is required by state or federal law or regulation, and the basis for the requirement to adopt the rule is not the result of delay or inaction by the board of directors.
E. Notwithstanding this section, the board of directors may provide alternative procedures for the expedited adoption, amendment or repeal of a rule if the expedited rulemaking does not increase the cost of regulatory compliance or reduce the procedural rights of regulated parties.
F. A rule cannot be enforced without substantial compliance with this section, except those rules that were approved by the board of directors before July 3, 2015.
G. The district may provide the notices required by this section on the district’s website.
H. The district may meet informally with any interested party for the purpose of discussing any proposed rule.
I. This section does not apply to:
1. Substantive policy statements.
2. Procedural documents that only affect the internal procedures of the district and do not impose additional requirements, conditions or penalties on regulated parties.
3. Use or adoption of any form whose contents or substantive requirements are consistent with an ordinance or statute, and any procedures for the execution or use of the form.
J. For the purposes of this section, " rule" means a district statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a district. Rule includes prescribing fees or the amendment or repeal of an existing rule but does not include intra-agency memoranda that are not delegation agreements.