104. Economic impact upon small business statement requirement and conditions; review and comment by committee; periodic review of final rule.

Miss. Code Ann. § 25-43-4.104
in effect
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Prior to submitting proposed permanent rules for adoption, amendment, revision or revocation pursuant to the Mississippi Administrative Procedures Law, the agency shall comply with Section 25-43-3.105(2)(d) in order to determine whether the proposed rules affect small business by preparing an economic impact statement that includes the following: An identification and estimate of the number of small businesses subject to the proposed regulation; The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record; A statement of the probable effect on impacted small businesses; A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation, including the following regulatory flexibility analysis: The establishment of less stringent compliance or reporting requirements for small businesses; The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses; The consolidation or simplification of compliance or reporting requirements for small businesses; The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and The exemption of some or all small businesses from all or any part of the requirements contained in the proposed regulations. If the economic impact statement reflects that a proposed rule may have an economic effect upon small business, the agency shall submit a copy of the proposed rules and the economic impact statement to the committee for its review and comment pursuant to the review and comment provisions of the Mississippi Administrative Procedures Law. During the committee review process, the director or the director’s designee of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation. Within the review and comment period, if the committee determines that the proposed rules may have an economic effect upon small business, the committee may submit to the agency its comments concerning the proposed regulation including its specific recommendations. A small business that is affected or aggrieved by final agency action to enforce a rule or regulation is entitled to review of agency compliance with the requirements of this act. To ensure that any final rule continues to minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes, each agency shall, during any periodic review required by this chapter, consider the following factors: The continued need for the rule; The nature of complaints or comments received concerning the rule from the public; The complexity of the rule; The extent to which the rule overlaps, duplicates, or conflicts with other federal, state and local governmental law or rules; and The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. If an agency’s economic impact statement reflects that a proposed rule will have no economic impact upon a small business, or if an agency fails to file an economic impact statement and the committee otherwise determines that the agency’s proposed rule will have an economic impact, then the committee may file its own economic impact statement for the agency’s proposed rule with the Secretary of State and notify the appropriate agency that the economic impact statement was filed. When the committee files its economic impact statement, if an agency has not completed the regulatory process that is required for the applicable proposed rule to become final, the committee shall have an additional sixty (60) days from the date of filing its economic impact statement with the Secretary of State to submit its comments concerning the proposed regulation and any specific recommendations to the agency, for its consideration. During the additional sixty (60) days’ committee review process, the director of the promulgating agency, or his or her designee, shall be available at the request of the committee to comment on the proposed regulation.

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