(a) The Commissioner under the supervision and direction of the Director of Public Health and Welfare, may adopt, amend or alter written rules and regulations of this Code. Such rules and regulations shall neither conflict with nor waive any provision of this Code nor any other section of the Codified Ordinances.
(b) General notice of proposed rules and regulations shall be published in the City Record, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include:
(1) A statement of the time, place and nature of public proceedings;
(2) Reference to the legal authority under which rule is proposed; and
(3) Either the terms or substance of the proposed rule or a description of the subjects and issues involved.
(c) After notice required by this section, the Commissioner shall give interested persons, within a reasonable time period to be determined by the Commissioner, an opportunity to participate through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the Commissioner shall incorporate in the rules adopted a concise general statement of their basis and purpose.
(d) Upon adoption, pursuant to the procedure set forth in subsections (b) and (c) hereof, rules or regulations and amendments thereto and alterations thereof shall become effective after two (2) successive publications in the City Record.
(e) Any interested person may petition the Commissioner for the issuance, amendment or repeal of a rule or regulation.
(f) Violation of rules or regulations of the Commissioner shall not constitute the basis for criminal prosecutions; provided, however, that an administrative order of the Commissioner based on such rules and regulations shall be enforceable in accordance with the provisions of this Code, whether administrative or criminal in nature.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)