Sec. 40.
(1) When an agency proposes to adopt a rule that will apply to a small business and the rule will have a disproportionate impact on small businesses because of the size of those businesses, the agency shall consider exempting small businesses and, if not exempted, the agency proposing to adopt the rule shall reduce the economic impact of the rule on small businesses by doing all of the following when it is lawful and feasible in meeting the objectives of the act authorizing the promulgation of the rule:
(a) Identify and estimate the number of small businesses affected by the proposed rule and its probable effect on small businesses.
(b) Establish differing compliance or reporting requirements or timetables for small businesses under the rule after projecting the required reporting, record-keeping, and other administrative costs.
(c) Consolidate, simplify, or eliminate the compliance and reporting requirements for small businesses under the rule and identify the skills necessary to comply with the reporting requirements.
(d) Establish performance standards to replace design or operational standards required in the proposed rule.
(2) The factors described in subsection (1)(a) to (d) shall be specifically addressed in the small business impact statement.
(3) In reducing the disproportionate economic impact on small business of a rule as provided in subsection (1), an agency shall use the following classifications of small business:
(a) 0-9 full-time employees.
(b) 10-49 full-time employees.
(c) 50-249 full-time employees.
(4) For purposes of subsection (3), an agency may include a small business with a greater number of full-time employees in a classification that applies to a business with fewer full-time employees.
(5) This section and section 45(3) do not apply to a rule that is required by federal law and that an agency promulgates without imposing standards more stringent than those required by the federal law.
History: Add. 1984, Act 273, Eff. Mar. 29, 1985 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2011, Act 243, Imd. Eff. Dec. 8, 2011 Popular Name: Act 306Popular Name: APA
Structure Michigan Compiled Laws
Chapter 24 - Printing and State Documents
Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)
306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)
Section 24.231 - Rules; Continuation; Amendment; Rescission.
Section 24.233 - Rules; Organization; Operations; Procedures.
Section 24.234 - Office of Regulatory Reform; Agency; Powers and Duties.
Section 24.235a - Repealed. 1993, Act 7, Eff. Dec. 8, 1994.
Section 24.236 - Office of Regulatory Reform Procedures and Standards for Rules.
Section 24.238 - Filing of Requests by Individuals for Promulgation of Certain Rules.
Section 24.239 - Request for Rule-Making.
Section 24.239a - Notice of Public Hearing; Approval by Office; Copies.
Section 24.241a - Request by Legislator for Copies of Proposed Rules or Changes in Rules.
Section 24.243 - Compliance Required; Contesting Rule on Ground of Noncompliance.
Section 24.245b - Information to Be Posted on Office of Regulatory Reinvention Website.
Section 24.249 - Filed Rules; Transmission.
Section 24.250 - Legislative Standing Committees; Functions.
Section 24.251 - Amendment and Rescission of Rules by Legislature; Introduction of Bill.
Section 24.252 - Suspension of Rules.
Section 24.253 - Annual Regulatory Plan; Link to Website of Office of Regulatory Reinvention.
Section 24.254 - Failure of Committee to Provide Notice.
Section 24.261 - Filing and Publication of Rules; Presumptions Arising Therefrom; Judicial Notice.
Section 24.263 - Declaratory Ruling by Agency as to Applicability of Rule.
Section 24.264 - Declaratory Judgment as to Validity or Applicability of Rule.