Effective - 28 Aug 2011, 2 histories
536.310. Authority of board. — 1. The board shall:
(1) Provide state agencies with input regarding rules that adversely affect small businesses;
(2) Solicit input and conduct hearings from small business owners and state agencies regarding any rules proposed by a state agency; and
(3) Provide an evaluation report to the governor and the general assembly, including any recommendations and evaluations of state agencies regarding regulatory fairness for Missouri's small businesses. The report shall include comments from small businesses, state agency responses, and a summary of any public testimony on rules brought before the board for consideration.
2. In any inquiry conducted by the board because of a request from a small business owner, the board may make recommendations to the state agency. If the board makes recommendations, such recommendations shall be based on any of the following grounds:
(1) The rule creates an undue barrier to the formation, operation, and expansion of small businesses in a manner that significantly outweighs the rule's benefits to the public; or
(2) New or significant economic information indicates the proposed rule would create an undue impact on small businesses; or
(3) Technology, economic conditions, or other relevant factors justifying the purpose for the rule has changed or no longer exists; or
(4) If the rule was adopted after August 28, 2004, whether the actual effect on small businesses was not reflected in or significantly exceeded the small business impact statement submitted prior to the adoption of the rules.
3. Subject to appropriations, by a majority vote of the board, the board may hire a one-half full-time equivalent employee for clerical support and a full-time equivalent employee with total salaries funded from the department of economic development appropriations up to one hundred fifty thousand dollars adjusted annually for inflation for professional positions to:
(1) Conduct internet website additions, corrections, and deletions;
(2) Develop training programs for agencies;
(3) Send regulatory alerts to interested small business subscribers;
(4) Track small business comments regarding agencies and review and respond to the agency and small business accordingly;
(5) Prepare for board meetings and hearings, including outreach, travel, agendas, and minutes;
(6) Prepare member maintenance expense reports and appointments;
(7) Analyze small business impact statements. After such analysis, the employee shall review such statements, offer suggestions, and work with agencies to meet the statute requirements;
(8) Analyze biannual report reviews;
(9) Conduct agency correspondence and training;
(10) Conduct small business outreach by speaking at chamber and association events;
(11) Review the Missouri Register and other sources to look for proposed rules that may affect small business.
4. Subject to appropriations, the board may receive additional funds for:
(1) Upkeep of its internet website;
(2) Information technology;
(3) Mileage for board members;
(4) Publication, printing, and distribution of annual reports;
(5) Outreach costs; and
(6) Expenses and equipment for the one and one-half full-time equivalent employee of the board.
5. A majority vote of the board members shall be required for the hiring, retention, and termination of board employees. All duties of board employees shall be dedicated solely to the support of and for the furtherance of the purpose and mission of the board.
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(L. 2004 H.B. 978, A.L. 2005 H.B. 576, A.L. 2011 H.B. 464)
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 536 - Administrative Procedure and Review
Section 536.010 - Definitions.
Section 536.014 - Rules invalid, when.
Section 536.015 - Missouri Register published at least monthly.
Section 536.019 - Effective date of rules — contingent effective date.
Section 536.022 - Suspension or termination of rules — procedure.
Section 536.025 - Emergency rule powers — procedure — definitions.
Section 536.026 - Comments on proposed rules — committees for comment.
Section 536.027 - Written comments to be retained as public record for three years.
Section 536.037 - Committee on administrative rules, members, meetings, duties — reports — expenses.
Section 536.043 - Director of social services not required to but may promulgate rules.
Section 536.046 - Public rulemaking docket, contents, publication.
Section 536.053 - Standing to challenge rule.
Section 536.060 - Informal disposition of case by stipulation — summary action — waiver.
Section 536.063 - Contested case, how instituted — pleadings — copies sent parties.
Section 536.067 - Notice in contested case — mailing — contents — notice of hearing — time for.
Section 536.075 - Discovery rule violations, sanctions.
Section 536.077 - Subpoenas, issuance — form — how served — how enforced.
Section 536.080 - Parties may file briefs — officials to hear or read evidence.
Section 536.085 - Definitions.
Section 536.090 - Decisions in writing — notice.
Section 536.095 - Contempt — procedure for punishment.
Section 536.100 - Party aggrieved entitled to judicial review — waiver of independent review, when.
Section 536.110 - Petition, when filed — process — venue.
Section 536.120 - Suspension of decisions or orders.
Section 536.130 - Record on judicial review.
Section 536.140 - Scope of judicial review — judgment — appeals.
Section 536.150 - Review by injunction or original writ, when — scope.
Section 536.160 - Refund of funds paid into court, when.
Section 536.175 - Periodic review required by state agencies, schedule, procedure.
Section 536.210 - Fiscal note forms.
Section 536.215 - Revised fiscal notes required, when — rejection, when.
Section 536.303 - Small business statement required for certain proposed rules, content.
Section 536.310 - Authority of board.
Section 536.315 - State agencies to consider board recommendations, response.
Section 536.320 - Waiver or reduction of administrative penalties, when — inapplicability, when.