(a) When a regulation that shall have a significant financial impact on a substantial number of small entities is to be promulgated, the Secretary, Head of Agency, Administrator or person with legal standing to conduct the process, shall ascertain that said entities are given the opportunity to state their comments and contribute in the drafting of the regulations, in compliance with §§ 2101 et seq. of this title, through the use of mechanisms such as:
(1) Including in the notice, the possibility of drafting regulations that shall affect a substantial number of small entities.
(2) The holding of public hearings on the proposed regulations and of the written comments received, including any type of electronic communication.
(3) The adoption or modification of the agencies’ regulations to make the participation of small entities less onerous.
(b) Before the publication of the regulatory flexibility analysis the concerned agency shall:
(1) Notify the Small Businesses Ombudsman on the intention and probable impact of promulgating of the regulations.
(2) No later than fifteen (15) days after receiving the notice in clause (1) of this subsection, the Ombudsman shall identify individuals representing the affected entities to receive counseling and comments on the possible impact of the proposed regulations.
(3) The agency shall convoke the Regulatory Review Panel.
(4) The Panel shall review all the material prepared with regard to this section, including the draft of the measure; receive advice and counsel from each individual representing the small entities chosen by the Ombudsman, on matters related to § 2253 of this title.
(5) No later than sixty (60) days after the date on which the Regulatory Review Panel is defined, it shall make a written report on the comments offered by the representatives of the small entities on the pertinent matters. Said documents shall be considered public.
History —Dec. 28, 2000, No. 454, § 9, eff. 90 days after Dec. 28, 2000.