5C - Handout - Public hearing for the repeal and reenactment of the General Design Guidelines for Boulder Historic Districts and I...s to Section 3.7, 3.8, 8.2, 8.3 and 9.0(2)Page 1 of 1
James Hewat - Rule making question
From: David Gehr
To: Harrison, Sue Ellen; Hewat, James
Date: 11/7/2007 3:06 PM
Subject: Rule making question
James asked the following question:
Q: If the board makes changes prior to adopting the rules, how does that affect the process?
A:
Section 1-4-4 states:
..... The adopting authority shall consider such commentr and may, in its discretion, incorporate a
response to such comment and such otherchangesas it may determine to be appropriate in the
proposed rules.
. The adopting authority shall submit any rule that it has changed for approval of the city attorney, after
which approval the rule shall be effective.
. If, however, the proposed changes are substantial, the adopting authority may, in its discretion, provide
by published notice an additional period for accepting public comments on the proposed changed rule
before it becomes effective.
. If the adopting authority further changes the proposed rule, it shall submit the proposed rule for approval
of the city attorney, after which approval the rule shall become effective.
So, I read this to say that they can amend and adopt the rule tonight. It is in the board's discretion to
determine whether it wants to republish and reopen the public comment period prior to final adoption.
From a public policy perspective, if they make pretty substantive changes to the rule, I think that they should
republish and reopen the public comment period and make its final call at the next meeting. But with that being
said, I think that such a course of action is at the board's discretion.
Also, the any changes also have to pass legal muster from the city attorney that is required to approve the
amendment as to legality / form, prior to it becoming effective.
Regards,
David