§201M-6  Petition for regulatory review. 
(a)  In addition to the basis for filing a petition provided in section 91‑6,
any affected small business may file a written petition with the agency that
has adopted the rules objecting to all or part of any rule affecting small
business on any of the following grounds:



(1)  The actual effect on small business was not
reflected in, or significantly exceeded, the small business impact statement
submitted prior to the adoption of the rules;



(2)  The small business impact statement did not
consider new or significant economic information that reveals an undue impact
on small business;



(3)  These impacts were not previously considered at
the public hearing on the rules;



(4)  The rules create an undue barrier to the formation,
operation, and expansion of small businesses in a manner that significantly
outweighs its benefit to the public;



(5)  The rules duplicate, overlap, or conflict with
rules adopted by another agency or violate the substantive authority under
which the rules were adopted; or



(6)  The technology, economic conditions, or other
relevant factors justifying the purpose for the rules have changed or no longer
exist.



(b)  Upon submission of the petition, the
agency shall forward a copy of the petition to the board, as notification of a
petition filed under this chapter.  The agency shall promptly consider the
petition and may seek advice and counsel regarding the petition from the
appropriate departmental advisory committee on small business.  Within sixty days
after the submission of the petition, the agency shall determine whether the
impact statement or the public hearing addressed the actual and significant
impact on small business.  The agency shall submit a written response of the
agency's determination to the small business review board within sixty days
after receipt of the petition.  If the agency determines that the petition
merits the adoption, amendment, or repeal of a rule, it may initiate
proceedings in accordance with section 91-3.



(c)  If the agency determines that the petition
does not merit the adoption, amendment, or repeal of any rule, any affected
small business may seek a review of the decision by the board.  The board shall
promptly convene a meeting pursuant to chapter 92 for the purpose of soliciting
testimony that will assist in its determination whether to recommend that the
agency initiate proceedings in accordance with section 91-3.  The board may
base its recommendation on any of the following reasons:



(1)  The actual effect on small business was not
reflected in, or significantly exceeded, the impact statement submitted prior
to the adoption of the rules;



(2)  The impact statement did not consider new or
significant economic information that reveals an undue impact on small business;



(3)  These impacts were not previously considered at
the public hearing on the rules;



(4)  The rules create an undue barrier to the
formation, operation, and expansion of small businesses in the State in a
manner that significantly outweighs its benefit to the public;



(5)  The rules duplicate, overlap, or conflict with
rules adopted by another agency or violate the substantive authority under
which the rules were adopted; or



(6)  The technology, economic conditions, or other
relevant factors justifying the purpose for the rules have changed or no longer
exist.



(d)  If the board recommends that an agency
initiate rulemaking proceedings for any reason provided in subsection (c), it
shall submit to the legislature an evaluation report and the agency's response
as provided in subsection (b).  The legislature may subsequently take any
action in response to the evaluation report and the agency's response as it
finds appropriate.



(e)  If the board does not recommend that an
agency initiate rulemaking proceedings, the board shall notify the small
business of its decision and inform the small business that the small business
may submit a complaint to the ombudsman pursuant to chapter 96 regarding the
decision of the agency or board.



(f)  Nothing in this section shall entitle an
affected small business to a contested case hearing under chapter 91. [L 1998,
c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2007, c 217, §5]