Effective - 28 Aug 2005
536.323. Small business objection to rules, petition may be filed, grounds — procedure for petition. — 1. In addition to the basis for filing a petition provided in section 536.041, any affected small business may file a written petition with the agency that has adopted rules objecting to all or part of any rule 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 submitted prior to the adoption of the rules;
(2) The small business impact statement did not consider new or significant economic information that reveals an undue impact on small business; or
(3) The impacts were not previously considered at the public hearing on the rules.
2. For any rule adopted prior to August 28, 2005, an affected small business may file a written petition with the agency that adopted the rule objecting to all or part of any rule affecting small business 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 benefit to the public;
(2) The rule duplicates, overlaps, or conflicts with rules adopted by the agency or any other agency or violates the substantive authority under which the rule was adopted; or
(3) The technology, economic conditions, or other relevant factors justifying the purpose for the rule has changed or no longer exist.
3. Upon submission of the petition, the agency shall forward a copy of the petition to the board and the joint committee on administrative rules, as required by section 536.041, as notification of a petition filed under sections 536.300 to 536.328. The agency shall promptly consider the petition and may seek advice and counsel regarding the petition. Within sixty days after the receipt of the petition, the agency shall determine whether the impact statement or public hearing addressed the actual and significant impact on small business. The agency shall submit a written response of the agency's determination to the board within sixty days of the receipt of the petition. If the agency determines that the petition merits the adoption, amendment, or repeal of a rule, it may initiate proceedings in accordance with the applicable requirements of this chapter.
4. If the agency determines that the petition does not merit the adoption, amendment, or repeal of a rule, any affected small business may seek a review of the decision by the board. The board may convene a hearing or by other means solicit testimony that will assist in its determination of whether to recommend that the agency initiate proceedings in accordance with this chapter. For rules adopted after August 28, 2005, the board shall base its recommendations on any of the following reasons:
(1) The actual effect on small business was not reflected in or significantly exceeded the impact statement submitted prior to the adoption of the rule;
(2) The impact statement did not consider new or significant economic information that reveals an undue impact on small business;
(3) Such impacts were not previously considered by the agency; or
(4) Such impacts were not previously considered at the public hearing on the rules.
5. For rules adopted prior to August 28, 2005, the board shall base its recommendations on any of the following reasons:
(1) The rules created an undue barrier to the formation, operation, and expansion of small businesses in a manner that significantly outweighs its benefit to the public;
(2) The rules duplicate, overlap, or conflict with rules adopted by the agency or any other agency or violate the substantive authority under which the rules were adopted; or
(3) The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.
6. The board shall make an evaluation report to the governor and the general assembly on rulemaking proceedings, comments from small business, and agency response as provided in this section. The governor or general assembly may subsequently take such action in response to the evaluation report and agency response as they find appropriate.
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(L. 2005 H.B. 576)
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.