49-471.08. Expedited rule or ordinance making

A. The county may conduct expedited rule or ordinance making if a rule or ordinance is made pursuant to section 49-112, subsection B and the proposed rule or ordinance is a conforming change to directly reflect federal or state rule or law and is not subject to section 49-471.07, except as otherwise provided in this section and if all of the following requirements are met:

1. The rule or ordinance making is substantially identical to the sense, meaning and effect of the federal or state rule or law from which it is derived.

2. A control officer makes a written finding setting forth the reasons why the rule or ordinance making is necessary and does not alter the sense, meaning or effect of the federal or state rule or law from which it is derived.

3. Fees established in the rule or ordinance do not exceed limits specified in section 49-112.

B. If the requirements of subsection A of this section are met, a control officer shall prepare a notice of expedited rule or ordinance making. The notice shall contain a preamble, the full text of the proposed rule or ordinance and the written finding required pursuant to subsection A, paragraph 2 of this section. The control officer shall post the notice on the county's website.

C. For at least thirty days after posting the notice of expedited rule or ordinance making on the county's website, a control officer shall accept public comment on the expedited rule or ordinance making.

D. Subject to section 49-471.07, subsections C and D after consideration of any comments, a control officer shall prepare a preamble to include a summary of the arguments for and against the expedited rule or ordinance making and the county's response to the comments and arguments. A control officer shall submit the expedited rule or ordinance making to the board of supervisors for consideration of adoption and a vote. Before the board of supervisors considers the vote on an expedited rule or ordinance making, the board shall place the notice on its meeting agenda. On the board's approval the expedited rule or ordinance is effective on the date the board adopts the expedited rule or ordinance.

E. After adoption by the board of supervisors, a control officer shall post the notice on the county's website. The notice shall contain the full text of the final expedited rule or ordinance and the finding required pursuant to subsection A, paragraph 2 of this section.