[§342B-63]  Small business ombudsman for airpollution control; qualifications; duties.  (a)  There is created an officeof the small business ombudsman for air pollution control in the departmentwhich shall be headed by a single executive to be known as the small businessombudsman for air pollution control who shall be appointed by the director fora term of four years.  The position of small business ombudsman shall be exemptfrom the civil service laws pursuant to paragraph (17) of section 76-16.  Thedirector may remove or suspend for cause the small business ombudsman after duenotice and public hearing.

(b)  The person appointed as the small businessombudsman shall be experienced in dealing with both private enterprise andgovernment entities; arbitration and negotiation; interpretation of laws andrules; investigation; recordkeeping; report writing; public speaking; andmanagement.  All employees of the office shall be hired by the small businessombudsman and shall serve at the small business ombudsman’s pleasure.  Indetermining the salary of each employee, the small business ombudsman shallconsult with the department of personnel services and shall follow as closelyas possible the recommendations of the department of personnel services.  The smallbusiness ombudsman and the small business ombudsman’s full-time staff shall beentitled to participate in all state employee benefit plans.

(c)  The small business ombudsman shall:

(1)  Assist small businesses which may be affected byair pollution control rules by providing services as necessary such as:

(A)  Assistance in the dissemination ofinformation to small businesses and interested parties;

(B)  Referral of small businesses tospecialists for financial, technological, and operational information andassistance to reduce air pollution and prevent accidental releases;

(C)  Encouragement of small businesses toparticipate in the development of air pollution control rules;

(D)  Assistance in investigations andresolutions of complaints and disputes between small businesses and thedepartment of health concerning air pollution control; and

(E)  Presentations to trade associations andsmall businesses to inform them of the air pollution control rules andcompliance requirements; and

(2)  Assist in the development and continued operationof the small business assistance program by participating in meetings andconferences and preparing and providing information as necessary such as:

(A)  Evaluation of the air pollution controlrules and their effect on the economy and small businesses;

(B)  Assistance in preparation of guidelinedocuments;

(C)  Evaluation of the small businessassistance program and the assistance provided to small businesses;

(D)  Reports, recommendations, and testimony tovarious governmental agencies and the legislature if so requested; and

(E)  Comments and recommendations to EPA andthe department of health on proposed air pollution control rules that impactsmall businesses.

(d)  The small business ombudsman shall submitto the director an annual report discussing the small business ombudsman’sactivities under this chapter. [L 1992, c 240, pt of §1]