§ 75-505. Promulgated rules - Petition objecting to adverse effect on small business.

A.  For promulgated rules, any adversely affected small business may file a written petition with the agency that has promulgated the rules objecting to all or part of any rule adversely affecting small business on any of the following grounds:

1.  The actual effect on small business was not reflected in, or significantly exceeded, the small business impact statement formulated by the agency pursuant to the provisions of paragraph 4 of subsection A and paragraph 6 of subsection B of Section 303 of this title prior to the adoption of the rules;

2.  These impacts were either not previously considered at the public hearing on the rules or there was no public hearing on the rules; or

3.  The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.

B.  The agency shall promptly consider the petition and may seek advice and counsel regarding the petition.  Within sixty (60) days after the submission of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business or if conditions justifying the rule have changed.  If the agency determines that the petition merits the amendment, revision, or revocation of a rule, it may initiate proceedings in accordance with the applicable requirements of the Administrative Procedures Act.

Added by Laws 2002, c. 495, § 5, eff. July 1, 2002.  Amended by Laws 2013, c. 227, § 53, eff. Nov. 1, 2013.