Small business objection to rules, petition may be filed,grounds--procedure for petition.
536.323. 1. In addition to the basis for filing a petition providedin section 536.041, any affected small business may file a written petitionwith the agency that has adopted rules objecting to all or part of any ruleaffecting small business on any of the following grounds:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the small business impact statement submitted priorto the adoption of the rules;
(2) The small business impact statement did not consider new orsignificant economic information that reveals an undue impact on smallbusiness; or
(3) The impacts were not previously considered at the public hearingon the rules.
2. For any rule adopted prior to August 28, 2005, an affected smallbusiness may file a written petition with the agency that adopted the ruleobjecting to all or part of any rule affecting small business on any of thefollowing grounds:
(1) The rule creates an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsthe rule's benefit to the public;
(2) The rule duplicates, overlaps, or conflicts with rules adopted bythe agency or any other agency or violates the substantive authority underwhich the rule was adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rule has changed or no longer exist.
3. Upon submission of the petition, the agency shall forward a copyof the petition to the board and the joint committee on administrativerules, as required by section 536.041, as notification of a petition filedunder sections 536.300 to 536.328. The agency shall promptly consider thepetition and may seek advice and counsel regarding the petition. Withinsixty days after the receipt of the petition, the agency shall determinewhether the impact statement or public hearing addressed the actual andsignificant impact on small business. The agency shall submit a writtenresponse of the agency's determination to the board within sixty days ofthe 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 the applicable requirements of this chapter.
4. If the agency determines that the petition does not merit theadoption, amendment, or repeal of a rule, any affected small business mayseek a review of the decision by the board. The board may convene ahearing or by other means solicit testimony that will assist in itsdetermination of whether to recommend that the agency initiate proceedingsin accordance with this chapter. For rules adopted after August 28, 2005,the board shall base its recommendations on any of the following reasons:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the impact statement submitted prior to the adoptionof the rule;
(2) The impact statement did not consider new or significant economicinformation that reveals an undue impact on small business;
(3) Such impacts were not previously considered by the agency; or
(4) Such impacts were not previously considered at the public hearingon the rules.
5. For rules adopted prior to August 28, 2005, the board shall baseits recommendations on any of the following reasons:
(1) The rules created an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsits benefit to the public;
(2) The rules duplicate, overlap, or conflict with rules adopted bythe agency or any other agency or violate the substantive authority underwhich the rules were adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rules have changed or no longer exist.
6. The board shall make an evaluation report to the governor and thegeneral assembly on rulemaking proceedings, comments from small business,and agency response as provided in this section. The governor or generalassembly may subsequently take such action in response to the evaluationreport and agency response as they find appropriate.
Small business objection to rules, petition may be filed,grounds--procedure for petition.
536.323. 1. In addition to the basis for filing a petition providedin section 536.041, any affected small business may file a written petitionwith the agency that has adopted rules objecting to all or part of any ruleaffecting small business on any of the following grounds:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the small business impact statement submitted priorto the adoption of the rules;
(2) The small business impact statement did not consider new orsignificant economic information that reveals an undue impact on smallbusiness; or
(3) The impacts were not previously considered at the public hearingon the rules.
2. For any rule adopted prior to August 28, 2005, an affected smallbusiness may file a written petition with the agency that adopted the ruleobjecting to all or part of any rule affecting small business on any of thefollowing grounds:
(1) The rule creates an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsthe rule's benefit to the public;
(2) The rule duplicates, overlaps, or conflicts with rules adopted bythe agency or any other agency or violates the substantive authority underwhich the rule was adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rule has changed or no longer exist.
3. Upon submission of the petition, the agency shall forward a copyof the petition to the board and the joint committee on administrativerules, as required by section 536.041, as notification of a petition filedunder sections 536.300 to 536.328. The agency shall promptly consider thepetition and may seek advice and counsel regarding the petition. Withinsixty days after the receipt of the petition, the agency shall determinewhether the impact statement or public hearing addressed the actual andsignificant impact on small business. The agency shall submit a writtenresponse of the agency's determination to the board within sixty days ofthe 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 the applicable requirements of this chapter.
4. If the agency determines that the petition does not merit theadoption, amendment, or repeal of a rule, any affected small business mayseek a review of the decision by the board. The board may convene ahearing or by other means solicit testimony that will assist in itsdetermination of whether to recommend that the agency initiate proceedingsin accordance with this chapter. For rules adopted after August 28, 2005,the board shall base its recommendations on any of the following reasons:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the impact statement submitted prior to the adoptionof the rule;
(2) The impact statement did not consider new or significant economicinformation that reveals an undue impact on small business;
(3) Such impacts were not previously considered by the agency; or
(4) Such impacts were not previously considered at the public hearingon the rules.
5. For rules adopted prior to August 28, 2005, the board shall baseits recommendations on any of the following reasons:
(1) The rules created an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsits benefit to the public;
(2) The rules duplicate, overlap, or conflict with rules adopted bythe agency or any other agency or violate the substantive authority underwhich the rules were adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rules have changed or no longer exist.
6. The board shall make an evaluation report to the governor and thegeneral assembly on rulemaking proceedings, comments from small business,and agency response as provided in this section. The governor or generalassembly may subsequently take such action in response to the evaluationreport and agency response as they find appropriate.
Small business objection to rules, petition may be filed,grounds--procedure for petition.
536.323. 1. In addition to the basis for filing a petition providedin section 536.041, any affected small business may file a written petitionwith the agency that has adopted rules objecting to all or part of any ruleaffecting small business on any of the following grounds:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the small business impact statement submitted priorto the adoption of the rules;
(2) The small business impact statement did not consider new orsignificant economic information that reveals an undue impact on smallbusiness; or
(3) The impacts were not previously considered at the public hearingon the rules.
2. For any rule adopted prior to August 28, 2005, an affected smallbusiness may file a written petition with the agency that adopted the ruleobjecting to all or part of any rule affecting small business on any of thefollowing grounds:
(1) The rule creates an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsthe rule's benefit to the public;
(2) The rule duplicates, overlaps, or conflicts with rules adopted bythe agency or any other agency or violates the substantive authority underwhich the rule was adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rule has changed or no longer exist.
3. Upon submission of the petition, the agency shall forward a copyof the petition to the board and the joint committee on administrativerules, as required by section 536.041, as notification of a petition filedunder sections 536.300 to 536.328. The agency shall promptly consider thepetition and may seek advice and counsel regarding the petition. Withinsixty days after the receipt of the petition, the agency shall determinewhether the impact statement or public hearing addressed the actual andsignificant impact on small business. The agency shall submit a writtenresponse of the agency's determination to the board within sixty days ofthe 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 the applicable requirements of this chapter.
4. If the agency determines that the petition does not merit theadoption, amendment, or repeal of a rule, any affected small business mayseek a review of the decision by the board. The board may convene ahearing or by other means solicit testimony that will assist in itsdetermination of whether to recommend that the agency initiate proceedingsin accordance with this chapter. For rules adopted after August 28, 2005,the board shall base its recommendations on any of the following reasons:
(1) The actual effect on small business was not reflected in orsignificantly exceeded the impact statement submitted prior to the adoptionof the rule;
(2) The impact statement did not consider new or significant economicinformation that reveals an undue impact on small business;
(3) Such impacts were not previously considered by the agency; or
(4) Such impacts were not previously considered at the public hearingon the rules.
5. For rules adopted prior to August 28, 2005, the board shall baseits recommendations on any of the following reasons:
(1) The rules created an undue barrier to the formation, operation,and expansion of small businesses in a manner that significantly outweighsits benefit to the public;
(2) The rules duplicate, overlap, or conflict with rules adopted bythe agency or any other agency or violate the substantive authority underwhich the rules were adopted; or
(3) The technology, economic conditions, or other relevant factorsjustifying the purpose for the rules have changed or no longer exist.
6. The board shall make an evaluation report to the governor and thegeneral assembly on rulemaking proceedings, comments from small business,and agency response as provided in this section. The governor or generalassembly may subsequently take such action in response to the evaluationreport and agency response as they find appropriate.
