§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 thathas adopted the rules objecting to all or part of any rule affecting smallbusiness on any of the following grounds:

(1)  The actual effect on small business was notreflected in, or significantly exceeded, the small business impact statementsubmitted prior to the adoption of the rules;

(2)  The small business impact statement did notconsider new or significant economic information that reveals an undue impacton small business;

(3)  These impacts were not previously considered atthe 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 significantlyoutweighs its benefit to the public;

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

(6)  The technology, economic conditions, or otherrelevant factors justifying the purpose for the rules have changed or no longerexist.

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

(c)  If the agency determines that the petitiondoes not merit the adoption, amendment, or repeal of any rule, any affectedsmall business may seek a review of the decision by the board.  The board shallpromptly convene a meeting pursuant to chapter 92 for the purpose of solicitingtestimony that will assist in its determination whether to recommend that theagency initiate proceedings in accordance with section 91-3.  The board maybase its recommendation on any of the following reasons:

(1)  The actual effect on small business was notreflected in, or significantly exceeded, the impact statement submitted priorto the adoption of the rules;

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

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

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

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

(6)  The technology, economic conditions, or otherrelevant factors justifying the purpose for the rules have changed or no longerexist.

(d)  If the board recommends that an agencyinitiate rulemaking proceedings for any reason provided in subsection (c), itshall submit to the legislature an evaluation report and the agency's responseas provided in subsection (b).  The legislature may subsequently take anyaction in response to the evaluation report and the agency's response as itfinds appropriate.

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

(f)  Nothing in this section shall entitle anaffected 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]