[§201M-4]  Advisory committee onsmall business; consultation process for proposed rules.  (a)  There may beestablished within and administratively attached to every department of theState or county whose rules affect small business activities, an advisorycommittee on small business.  The advisory committee shall consist of three ormore odd number of members appointed by the department and may advise more thanone department.  The department shall have the authority to appoint members tothe advisory committee and to fill any vacancies.  The members shall serve on avolunteer basis and have experience or knowledge of the effect of regulation bythose departments on the formation, operation, or expansion of a smallbusiness.  No person shall serve on the small business regulatory review boardand an advisory committee on small business concurrently.  The advisorycommittees shall not be subject to the requirements of chapter 91.

(b)  When the agency is proposing rules thataffect small business, the agency may consult with the administrativelyattached departmental advisory committee on small business regarding any matterrelated to the proposed rules prior to complying with the rulemakingrequirements provided in chapter 91.  Each agency shall develop its owninternal management procedures for soliciting comments during the drafting ofproposed rules from affected small businesses.  The agency may develop creativeprocedures for the solicitation of comments from affected small businessesduring the drafting or development of proposed rules.

(c)  If necessary, any group or members ofaffected small businesses may also be consulted by the agency to formulate therelevant language, develop criteria, and provide any other expertise to ensurethat the proposed rules will be drafted in a manner that will protect thepublic health, welfare, and safety without placing an undue and significantburden upon small business. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5]