§201M-7 - Periodic review; evaluation report.
§201M-7 Periodic review; evaluation
report. (a) Each agency having rules that affect small business shall
submit by June 30 of each odd-numbered year, a list of those rules to the small
business regulatory review board. The agency shall also submit a report
describing the specific public purpose or interest for adopting the respective
rules and any other reasons to justify its continued implementation.
(b) The small business regulatory review board
shall provide to the head of each agency a list of any rules adopted by the
agency that affect small business and have generated complaints or concerns,
including any rules that the board determines may duplicate, overlap, or
conflict with other rules, or exceed statutory authority. Within forty-five
days after being notified by the board of the list, the agency shall submit a
written report to the board in response to the complaints or concerns. The
agency shall also state whether the agency has considered the continued need
for the rules and the degree to which technology, economic conditions, and
other relevant factors may have diminished or eliminated the need for
maintaining the rules.
(c)
The board may solicit testimony from the public regarding any report submitted
by the agency under this section at a public meeting held pursuant to chapter
92. Upon consideration of any report submitted by an agency under this section
and any public testimony, the board shall submit an evaluation report to the
next regular session of the legislature. The evaluation report shall include
an assessment as to whether the public interest significantly outweighs a
rule's effect on small business and any legislative proposal to eliminate or
reduce the effect on small business. The legislature may take any action in response
to the report as it finds appropriate. [L 1998, c 168, pt of §2, §5; am L 2002,
c 202, §5; am L 2007, c 217, §6]