§201M-5  Small business regulatory reviewboard; powers.  (a)  There shall be established within the department ofbusiness, economic development, and tourism, for administrative purposes, asmall business regulatory review board to review any proposed new or amendedrule or to consider any request from small business owners for review of anyrule adopted by a state agency and to make recommendations to the agency or thelegislature regarding the need for a rule change or legislation.  For requestsregarding county ordinances, the board may make recommendations to the countycouncil or the mayor for appropriate action.

(b)  The board shall consist of eleven members,who shall be appointed by the governor pursuant to section 26-34.  Nominationsto fill vacancies shall be made from names submitted by the review board.  Theappointments shall reflect representation of a variety of businesses in theState; provided that no more than two members shall be representatives from thesame type of business, and that there shall be at least two representativesfrom each county.

(c)  All members of the board shall be either acurrent or former owner or officer of a business and shall not be an officer oremployee of the federal, state, or county government.  A majority of the boardshall elect the chairperson.  The chairperson shall serve a term of not morethan one year, unless removed earlier by a two-thirds vote of all members towhich the board is entitled.

(d)  A majority of all the members to which theboard is entitled shall constitute a quorum to do business, and the concurrenceof a majority of all the members to which the board is entitled shall benecessary to make any action of the board valid.

(e)  In addition to any other powers providedby this chapter, the board may:

(1)  Adopt any rules necessary to implement thischapter;

(2)  Organize and hold conferences on problemsaffecting small business; and

(3)  Do any and all things necessary to effectuate thepurposes of this chapter.

(f)  The board shall submit an annual report tothe legislature twenty days prior to each regular session detailing anyrequests from small business owners for review of any rule adopted by a stateagency, and any recommendations made by the board to an agency or thelegislature regarding the need for a rule change or legislation.  The reportshall also contain a summary of the comments made by the board to agenciesregarding its review of proposed new or amended rules. [L 1998, c 168, pt of§2, §5; am L 2002, c 202, §§3, 5; am L 2007, c 217, §4]