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



(b)  The person appointed as the small business
ombudsman shall be experienced in dealing with both private enterprise and
government entities; arbitration and negotiation; interpretation of laws and
rules; investigation; recordkeeping; report writing; public speaking; and
management.  All employees of the office shall be hired by the small business
ombudsman and shall serve at the small business ombudsman’s pleasure.  In
determining the salary of each employee, the small business ombudsman shall
consult with the department of personnel services and shall follow as closely
as possible the recommendations of the department of personnel services.  The small
business ombudsman and the small business ombudsman’s full-time staff shall be
entitled to participate in all state employee benefit plans.



(c)  The small business ombudsman shall:



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



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



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



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



(D)  Assistance in investigations and
resolutions of complaints and disputes between small businesses and the
department of health concerning air pollution control; and



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



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



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



(B)  Assistance in preparation of guideline
documents;



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



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



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



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