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SECTION TWO ADMINISTRATIVE DIRECTIVES

SUB SECTION ONE ISSUANCE OF DIRECTIVE

4. Issuance of Directives

1/ Any administrative agency can adopt directive on the basis of Power Delegated to it by Law.

2/ An administrative agency may issue directives only through the procedures provided by this Proclamation.

3/ Regarding matters affecting his right or interest, any person has the right to request an administrative aecision even though an administrative agency has not adopted a directive,

4/ Failure on the part of an adminstarative agency to issue Directives legally empowered to adopt shall not be a reason to deny services or rendering an Administrative Decision.

5. Timely Adoption of Directives

Any administrative agency shall issues a directive which is on the basis of mother law , If a directive is mandatory it shall be ratify within three month, If it is not mandatory it shall ratify with in a reasonable period of time.

6. Petition for Adoption of Directives

1/Any person may ask the agency through written application to adopt a direcives, when an admistrative agency failed to adopt a directive it was mandated with in a reasonable period of time.

2/An agency which receives a petition for adoption of a Directive shall commence the process of adopting a rule within 30 Days or deny the petition, stating its reasons.

SECTION TWO PROCEDURES BEFORE ADOPTION OF A DIRECTIVE

7. Keeping an Agency Record about Directives

1/ At the time of adopting a directive, an administrative agency shall keep a record/file containing the following:

a) The subject matter of the directive being considered and time line of major steps;

b) An information regarding the status of the draft directive in the process of adoption;

c) Notices published in relation to the adoption of the draft directive ;

d) A period of time with in which the public may comment on the draft ;

e) Comments received in accordance with Articles 8 and 9 of this Proclamation and positions taken regarding the comments.

2/ Any person may inspect or get a copy of the records organized in accordance with Sub Article (1) of this Article, against payment of expenses.

8. Noticing

An agency shall publish a notice containing the following information on a newspaper with wide circulation, its website and other media, prior to the adoption of a directive:

1/ The legal basis for to draft the law and the subject matters to be covered by the draft;

2/ Indicating that persons may get a copy of the draft and where they may access it;

3/ Where, when and how persons may give comments on the draft;

4/ Where, when and how persons may get access to the records kept in accordance with Article 7 of this Proclamation.

9. Soliciting Comments on the Draft

1/ An administrative agency shall solicit comments from relevant administrative agencies and other Stakeholders by sending the draft it publicized in accordance with Article 8 of this Proclamation.

2/ Agencies and stakeholders who may have comments on the draft should submit such comments in writing within a time prescribed by the agency. The period for comments to be prescribed by the agency shall not be less than 15 working days.

10. Oral Hearing

1/ After the expiry of the date for receiving written comments, the agency shall organize a public forum open for all interested persons and gather inputs.

2/ Persons who have not had the chance to given comments in accordance with Article 9, may submit written comments at the hearing.

3/ The agency shall ensure enough time is allotted for different views to be aired.

11. Exemption from Procedures

1/ An Agency may be exempted from the requirement provided under Articles 7 to 10 of this Proclamation where conditions listed hereunder are fulfilled :

a) Where there are emergencies and time does not allow to go through the requirements;

b) Where the issuance of advance notice may be contrary to Public Interest;

c) Where the issuance of notice may undermine the implementation of the directive;

2/ An agency issuing directives relying on Sub Article

(1)of this Article shall prepare a record explaining the reasons justifying the exemption.

SUB-SECTION THREE RATIFICATION AND EFFECTIVENESS OF DIRECTIVES

12. Time and Manner of Ratifying Directive

1/ An Agency may not ratify a Directive before the period for oral hearings and written submissions prescribed under Articles 9 and 10 expires.

2/ An agency shall consider comments submitted on the draft before ratifying a Directive.

3/ In fulfilling the obligation to consider indicated under Sub Article (2) of this Article, the agency may amend the draft in line with the comments or prepare a written justification for rejecting the comments.

4/ Prior to ratificaion of a Directive, the Agency shall send the draft to the Federal Attorney General for its opinion.

5/ The Attorney General shall submit its opinion within 15 working days. Where the Attorney General fails to submit its opinion within the time prescribed here, it shall be considered as though it does not have opinion on the draft and the agency may proceed to ratification.

13. Variance Between the Draft and Adopted Directive

1/An Agency may not ratify a directive that is substantially different form the draft publicized through notice. However the Agency may not be barred from terminating the process at hand and commence a new one, where an agency intends to adopt a directive with substantial difference.

2/ A final draft directive shall be considered to be substantially different from the one publicized where:

a) The scope of application of the draft directive has markedly changed ;or

c) The draft directive introduces new obligations .

14. Explanatory Statement

At the time of adopting a directive, an agency shall prepare a directive explanatory note containing the following :

1/ The objective and legal basis for adoption of the directive;

2/ Where there are differences of content from the draft circulated through notice and the directive adopted, a note explaining the changes and the rationale thereof;

3/ A summary of comments on the draft and measures taken in accordance .

15. Content and Form of Directives

1/ In addition to the substantive body, a Directive adopted by an Agency shall be prepared in English and Amharic language and contain:

a) Serial Number of the Directive ;

b) A reference to a specific law on the basis of which

the Directive is adopted ;

c) A short title of the Directive ;

d) Definition, scope of application, main Provisions;

e)A rule referring to directives amended, repealed ,transitory provisions or suspended if any;

f) Notwithstanding the date specified in Article 18 of this Proclamation the effective date of the Directive.

2/ Directives must be written in a precise and clear language .

3/ An agency may incorporate, by reference in its rules, all or part of directives or Code of conduct that has been adopted by another agency/body where these matters fall within its scope of power.

4/ The agency shall publicize rules it has incorporated pursuant to sub Article (3) of this Article and submit copies to the Federal Attorney General to be registered in accordance with Article 16 of this Proclamation.

16. Filing of Directive

1/ Up on adoption, an agency shall before put on the directives it has sending the copies and accompanying explanatory statement to the Attorney General.

2/ The Federal Attorney General shall provide a serial identification number and record Directives submitted to it in accordance with sub-Article (1) of this Article. It shall also immediately notify the agency about the status of registration.

3/ The Attorney General shall publicize to the pubic a filled directives with its explanatory statement.Since the date of notifying its registration.

4/ All Agencies shall file directives they have adopted prior to the coming in to force of this Proclamation within 90 Days after the coming in to force of this Proclamation by sending copies to the Federal Attorney General .

17. Accessibility of Directives

1/ The Federal Attorney General shall post directives on its own website that has filed in accordance with Article 16 of this Proclamation.

2/ Any agency shall issued a directive :

a)Print and disseminate to Governmental and other Stakeholders ; and

b) Post it on its website .

3/ Any person who is interested can observe on the place situated or may get a copy of the directive subject to payment of expenses.

1/A directive that has not been filed pursuant Article 16 or posted on the website of the agency pursuant to Article 17 (2) (b) of this Proclamation may not be enforced

2/A directive that has lost its validity in accordance with sub Article (1) of this Article may be adopted following the Procedures provided under this Sub Section of Two of this Section of Proclamation.

19. Periodic Review of Directives

An Agency shall from time to time review the implementation of directives it has adopted and take necessary measures.

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