49-471.07. Time and manner of rule or ordinance making

A. A board of supervisors may not act on a rule or ordinance until the rule or ordinance making record is closed pursuant to subsection E of this section.

B. A control officer shall prepare a preamble and a concise explanatory statement before submitting a notice of final rule or ordinance or notice of final supplemental rule or ordinance to the board. The concise explanatory statement shall contain:

1. A description of any change between the proposed rule or ordinance, the final rule or ordinance or notice of final supplemental rule or ordinance.

2. A summary of the comments and arguments for and against the notice and the county's response to the comments and arguments.

C. A final rule or ordinance that is substantially different from the proposed rule or ordinance shall be either resubmitted as a supplemental notice of proposed rule or ordinance making or terminated pursuant to section 49-471.04, subsections C and D.

D. The following shall be considered to determine whether a final rule or ordinance is substantially different from the proposed rule or ordinance posted on the county's website:

1. The extent to which all persons affected by the rule or ordinance should have understood that the proposed rule or ordinance posted on the county's website would affect their interests.

2. The extent to which the subject matter of the rule or ordinance or the issues determined by that rule or ordinance are different from the subject matter or issues involved in the proposed rule or ordinance posted on the county's website.

3. The extent to which the effects of the rule or ordinance differ from the effects of the proposed rule or ordinance posted on the county's website if it had been made instead.

E. Within one hundred twenty days after the close of the record on the proposed rule or ordinance making, a control officer shall take one of the following actions:

1. Submit the final rule or ordinance to the board of supervisors for consideration of adoption and a vote.

2. Terminate the proceeding by posting a notice of termination on the county's website.

3. Extend the rule or ordinance making process by making additional changes to the proposal and submitting the changes as a supplemental notice of proposed rule or ordinance making.

F. Before the board of supervisors considers the vote on a final notice pursuant to subsection E, paragraph 1 of this section, the board shall place the notice on its meeting agenda. On the board's approval, a final rule or ordinance is effective on the date the board of supervisors adopts the final rule or ordinance. The board of supervisors may specify a later effective date if the board determines that good cause exists for and the public interest will not be harmed by a later effective date.

G. Within thirty days after adoption by the board of supervisors of the notice of final rule or ordinance, a control officer shall post the notice on the county's website. The notice shall contain the preamble and text of the final rule or ordinance.