Tuesday, March 29, 2005

HB 236: Regulatory Impacts on Small Businesses

H.B. 236, P.N. 262 (PICKETT). This would amend the Regulatory Review Act No. 181 of 1982, P.L. 633.
This bill would entitle a small business to seek judicial review of a final agency action that adversely affects the small business. A small business would be defined as an independently owned and operated entity that either employs less than 250 full time employees or has under $6 million in gross sales. Judicial review would be required to be sought within one year from the decision date.
A proposed agency regulation that may adversely impact small businesses would be required to produce an economic impact statement. Such a statement would report how many small businesses would be subject to the proposed regulation and include projections on the costs to small businesses for recordkeeping, filing reports, and administrative costs for complying with the regulation. The statement would also describe alternative regulations that would achieve the purpose of the proposed regulation that would be less intrusive to small businesses.
An agency would be required to produce a regulatory flexibility analysis that considers reducing adverse impacts on small businesses, including less stringent requirements on compliance, reporting, meeting deadlines, and whether compliance can be simplified or consolidated for small businesses. The analysis would also consider whether performance standards could have design and operational standards more suited for small businesses and whether small businesses could be exempt from any or all proposed requirements.


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