§ 25-15-302 - Determination of effect of proposed rule on small businesses.
25-15-302. Determination of effect of proposed rule on small businesses.
(a) (1) Before submitting a proposed rule for adoption, amendment, or repeal, an agency first shall determine whether the proposed rule affects small businesses.
(2) However, this section does not apply to a rule:
(A) Adopted on an emergency basis;
(B) That is federally mandated; or
(C) That substantially codifies existing state or federal law.
(b) As part of its analysis, the agency shall examine whether a means exists to make the rule less costly for small businesses without compromising the objective of the rule.
(c) If the proposed rule affects small businesses, the agency shall prepare an economic impact statement before undertaking the promulgation process.