§ 42-35-3.3 Regulations affecting smallbusiness. – (a) Prior to the adoption of any proposed regulation each agency shall notifythe governor's office and the economic development corporation of its intent toadopt the proposed regulation. The agency shall submit the proposed regulationto both the governor's office and the economic development corporation at atime reasonably in advance of the commencement of the formal rule-makingprocess, but in any case no later than the date of public notice. If thegovernor's office or the economic development corporation shall, within fifteen(15) days of receipt of such notice, identify a proposed regulation as one thatmay have a significant adverse economic impact on small businesses, theproposing agency shall prepare a regulatory flexibility analysis in which theagency shall, where consistent with health, safety and environmental andeconomic welfare, consider utilizing regulatory methods that will accomplishthe objectives of applicable laws while minimizing adverse impact on smallbusiness. The small business advocate shall identify and convey specificconcerns raised by small business in providing notice to the agency proposingthe regulation, and shall, when appropriate, act as advocate for a smallbusiness raising concerns hereunder. To the extent that a proposed regulationis required to be promulgated by a state agency in order to comply with arequirement for the establishment of specific standards under federal law, suchregulations or nondiscretionary portions thereof shall not be subject to therequirements of this section. The analysis shall, to the extent ascertainable,include the following:
(1) An identification and estimate of the number of smallbusinesses subject to the proposed regulation;
(2) The projected reporting, record keeping and otheradministrative costs required for compliance with the proposed regulation,including the type of professional skills necessary for preparation of thereport or record;
(3) A statement of the probable effect on impacted smallbusinesses; and
(4) A description of any less intrusive or less costlyalternative methods of achieving the purpose of the proposed regulation.
(b) The agency shall consider, without limitation, each ofthe following methods of reducing the impact of the proposed regulation onsmall businesses:
(1) The establishment of less stringent compliance orreporting requirements for small businesses;
(2) The establishment of less stringent schedules ordeadlines for compliance or reporting requirements for small businesses;
(3) The consolidation or simplification of compliance orreporting requirements for small businesses;
(4) The establishment of performance standards for smallbusinesses to replace design or operational standards required in the proposedregulation; and
(5) The exemption of small businesses from all or any part ofthe requirement contained in the proposed regulation.
(c) The economic development corporation shall advise andassist agencies in complying with the provisions of this section and providesuch data as is available to the corporation in order to support the intent ofthis section and develop alternatives for consideration by the proposingagency. The economic development corporation shall provide written commentspecifically detailing any information that relates to the components ofanalysis in subdivisions (a)(1) – (a)(4) above and, such alternatives asthey may have identified pursuant to subdivisions (b)(1) – (b)(5) above.Such review and advice shall be completed within the notice and review periodsrequired by this chapter and shall not serve to delay the promulgation of rules.
(d) The following professional and business activities shallnot be considered a small business for purposes of this section:
(1) Financial institutions including banks, trusts, savingsand loan associations, thrift institutions, consumer and industrial financecompanies, credit unions, mortgage and investment bankers, and stock and bondbrokers;
(2) Insurance companies, both stock and mutual;
(3) Mineral, oil and gas brokers; subdividers and developers;
(4) Landscape architects, architects and building designers;
(5) Entities organized as nonprofit institutions;
(6) Entertainment activities and productions including motionpictures, stage performances, television and radio stations, and productioncompanies;
(7) All utilities, water companies, and power transmissioncompanies, except electrical power generating transmission companies providingless than four and one-half (4.5) kilowatts;
(8) All petroleum and natural gas producers, refiners andpipelines.
§ 42-35-3.3 Regulations affecting smallbusiness. – (a) Prior to the adoption of any proposed regulation each agency shall notifythe governor's office and the economic development corporation of its intent toadopt the proposed regulation. The agency shall submit the proposed regulationto both the governor's office and the economic development corporation at atime reasonably in advance of the commencement of the formal rule-makingprocess, but in any case no later than the date of public notice. If thegovernor's office or the economic development corporation shall, within fifteen(15) days of receipt of such notice, identify a proposed regulation as one thatmay have a significant adverse economic impact on small businesses, theproposing agency shall prepare a regulatory flexibility analysis in which theagency shall, where consistent with health, safety and environmental andeconomic welfare, consider utilizing regulatory methods that will accomplishthe objectives of applicable laws while minimizing adverse impact on smallbusiness. The small business advocate shall identify and convey specificconcerns raised by small business in providing notice to the agency proposingthe regulation, and shall, when appropriate, act as advocate for a smallbusiness raising concerns hereunder. To the extent that a proposed regulationis required to be promulgated by a state agency in order to comply with arequirement for the establishment of specific standards under federal law, suchregulations or nondiscretionary portions thereof shall not be subject to therequirements of this section. The analysis shall, to the extent ascertainable,include the following:
(1) An identification and estimate of the number of smallbusinesses subject to the proposed regulation;
(2) The projected reporting, record keeping and otheradministrative costs required for compliance with the proposed regulation,including the type of professional skills necessary for preparation of thereport or record;
(3) A statement of the probable effect on impacted smallbusinesses; and
(4) A description of any less intrusive or less costlyalternative methods of achieving the purpose of the proposed regulation.
(b) The agency shall consider, without limitation, each ofthe following methods of reducing the impact of the proposed regulation onsmall businesses:
(1) The establishment of less stringent compliance orreporting requirements for small businesses;
(2) The establishment of less stringent schedules ordeadlines for compliance or reporting requirements for small businesses;
(3) The consolidation or simplification of compliance orreporting requirements for small businesses;
(4) The establishment of performance standards for smallbusinesses to replace design or operational standards required in the proposedregulation; and
(5) The exemption of small businesses from all or any part ofthe requirement contained in the proposed regulation.
(c) The economic development corporation shall advise andassist agencies in complying with the provisions of this section and providesuch data as is available to the corporation in order to support the intent ofthis section and develop alternatives for consideration by the proposingagency. The economic development corporation shall provide written commentspecifically detailing any information that relates to the components ofanalysis in subdivisions (a)(1) – (a)(4) above and, such alternatives asthey may have identified pursuant to subdivisions (b)(1) – (b)(5) above.Such review and advice shall be completed within the notice and review periodsrequired by this chapter and shall not serve to delay the promulgation of rules.
(d) The following professional and business activities shallnot be considered a small business for purposes of this section:
(1) Financial institutions including banks, trusts, savingsand loan associations, thrift institutions, consumer and industrial financecompanies, credit unions, mortgage and investment bankers, and stock and bondbrokers;
(2) Insurance companies, both stock and mutual;
(3) Mineral, oil and gas brokers; subdividers and developers;
(4) Landscape architects, architects and building designers;
(5) Entities organized as nonprofit institutions;
(6) Entertainment activities and productions including motionpictures, stage performances, television and radio stations, and productioncompanies;
(7) All utilities, water companies, and power transmissioncompanies, except electrical power generating transmission companies providingless than four and one-half (4.5) kilowatts;
(8) All petroleum and natural gas producers, refiners andpipelines.
§ 42-35-3.3 Regulations affecting smallbusiness. – (a) Prior to the adoption of any proposed regulation each agency shall notifythe governor's office and the economic development corporation of its intent toadopt the proposed regulation. The agency shall submit the proposed regulationto both the governor's office and the economic development corporation at atime reasonably in advance of the commencement of the formal rule-makingprocess, but in any case no later than the date of public notice. If thegovernor's office or the economic development corporation shall, within fifteen(15) days of receipt of such notice, identify a proposed regulation as one thatmay have a significant adverse economic impact on small businesses, theproposing agency shall prepare a regulatory flexibility analysis in which theagency shall, where consistent with health, safety and environmental andeconomic welfare, consider utilizing regulatory methods that will accomplishthe objectives of applicable laws while minimizing adverse impact on smallbusiness. The small business advocate shall identify and convey specificconcerns raised by small business in providing notice to the agency proposingthe regulation, and shall, when appropriate, act as advocate for a smallbusiness raising concerns hereunder. To the extent that a proposed regulationis required to be promulgated by a state agency in order to comply with arequirement for the establishment of specific standards under federal law, suchregulations or nondiscretionary portions thereof shall not be subject to therequirements of this section. The analysis shall, to the extent ascertainable,include the following:
(1) An identification and estimate of the number of smallbusinesses subject to the proposed regulation;
(2) The projected reporting, record keeping and otheradministrative costs required for compliance with the proposed regulation,including the type of professional skills necessary for preparation of thereport or record;
(3) A statement of the probable effect on impacted smallbusinesses; and
(4) A description of any less intrusive or less costlyalternative methods of achieving the purpose of the proposed regulation.
(b) The agency shall consider, without limitation, each ofthe following methods of reducing the impact of the proposed regulation onsmall businesses:
(1) The establishment of less stringent compliance orreporting requirements for small businesses;
(2) The establishment of less stringent schedules ordeadlines for compliance or reporting requirements for small businesses;
(3) The consolidation or simplification of compliance orreporting requirements for small businesses;
(4) The establishment of performance standards for smallbusinesses to replace design or operational standards required in the proposedregulation; and
(5) The exemption of small businesses from all or any part ofthe requirement contained in the proposed regulation.
(c) The economic development corporation shall advise andassist agencies in complying with the provisions of this section and providesuch data as is available to the corporation in order to support the intent ofthis section and develop alternatives for consideration by the proposingagency. The economic development corporation shall provide written commentspecifically detailing any information that relates to the components ofanalysis in subdivisions (a)(1) – (a)(4) above and, such alternatives asthey may have identified pursuant to subdivisions (b)(1) – (b)(5) above.Such review and advice shall be completed within the notice and review periodsrequired by this chapter and shall not serve to delay the promulgation of rules.
(d) The following professional and business activities shallnot be considered a small business for purposes of this section:
(1) Financial institutions including banks, trusts, savingsand loan associations, thrift institutions, consumer and industrial financecompanies, credit unions, mortgage and investment bankers, and stock and bondbrokers;
(2) Insurance companies, both stock and mutual;
(3) Mineral, oil and gas brokers; subdividers and developers;
(4) Landscape architects, architects and building designers;
(5) Entities organized as nonprofit institutions;
(6) Entertainment activities and productions including motionpictures, stage performances, television and radio stations, and productioncompanies;
(7) All utilities, water companies, and power transmissioncompanies, except electrical power generating transmission companies providingless than four and one-half (4.5) kilowatts;
(8) All petroleum and natural gas producers, refiners andpipelines.
