Storm damage recovery

7.26.040 Administrative Authority.

City Code Section

(Amended by Ordinance No. 186746, effective August 6, 2014.)

A.  The Director is authorized and directed to enforce all provisions of this Chapter.  The Director shall have the power to investigate any and all complaints regarding alleged violations of this Chapter.  The Director may delegate any or all authority granted under this Section to any Revenue Division officer, employee or agent.

B.  The Director is authorized to adopt and enforce administrative rules interpreting and applying this Chapter.  The Director or designee shall make written findings of fact and conclusions of law to support all decisions.

C.  Prior to adoption of a new administrative rule, the Director shall give notice to all interested parties of the terms of the proposed rule, and shall conduct a public hearing to consider public comment.  Public notice shall be given when administrative rules have been adopted.

1.  At the public hearing, the Director or designee shall hear oral and written testimony concerning the proposed rule.  The Director shall have the power to establish and limit the matters to be considered at the hearing, to prescribe procedures for the conduct of the hearings, to hear evidence, and to preserve order. 

2.  The Director shall adopt, modify or reject the proposed rule after considering testimony received during the public hearing. 

3.  Unless otherwise stated, all rules shall be effective upon adoption by the Director.  All rules adopted by the Director shall be filed in the Revenue Division and the Office of the City Auditor in compliance with PCC 1.07.030.  Copies of all current rules shall be available to the public upon request.

4.  Notwithstanding subsections 1 and 2 of this Section, the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly may result in serious prejudice to the public interest or the interest of the affected parties.  Such interim rules shall detail the specific reasons for such prejudice.  Any interim rule adopted pursuant to this paragraph shall be effective for a period not to exceed 180 days.

D.  Inspection of Records.  The City of Portland reserves the right to review and/or copy the records of any Payday Lender for purposes of auditing or complaint resolution. Such records shall be made available for inspection during normal business hours within 24 hours of written notice by the Director or its designee.