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2005 SESSION

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SB 1122 Administrative Process Act; impact on small businesses.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Administrative Process Act; regulatory flexibility for small businesses.  Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements.  This bill incorporates SB 1218 and SB 1308.


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