One hundred and eighty (180) days after this act takes effect, and within the following six (6) months, every agency shall publish a plan in the Register of Regulations of the Department of State, for the periodic review of the regulations that have been promulgated, and those that will be promulgated in the future by the agency and those that have or will have a significant financial impact on a substantial number of small entities.
The purpose of the periodic review shall be to determine if said regulations should continue without changes or should be amended or repealed, pursuant to their objectives, to minimize any significant financial impact on small businesses. The plan shall provide for the review of all the agencies’ regulations in effect prior to the effective date of this act.
The agency shall have the obligation to review the regulations after five (5) years from the approval of said regulations.
Any claim prior to the five (5) years may be reviewed pursuant to the provisions of §§ 2101 et seq. of this title.
If the Secretary, the Head of Agency, Administrator or the person with legal standing to carry out the process, determines that the review of the regulations cannot be completed by the stated date, he/she shall certify the same in a statement to be published in the Register of Regulations of the Department of State, and the Small Businesses Ombudsman shall determine if he/she will grant the extension of the period for a term not greater than one (1) year.
Pursuant to the objectives of the regulations to minimize any significant financial impact on a substantial number of small entities, in reviewing the regulations, the agency shall take into consideration the following factors:
(1) The continuous need for regulation;
(2) the nature of the complaints or comments received from the public;
(3) the complexity of the rule;
(4) the extent to which the regulations are linked, duplicated or converge with other Commonwealth or municipal rules, and
(5) period of time since the rule has been evaluated or the degree in which technology, financial conditions and other factors have changed in the area affected by the regulations.
The agencies shall annually publish in the Register of Regulations of the Department of States and in the Office of the Small Businesses Ombudsman, a list of the regulations that have a financial impact on the small entities to be evaluated, in compliance with a brief description of each regulation, the need, legal grounds, and an invitation to the public to make comments on the regulations in question.
History —Dec. 28, 2000, No. 454, § 10, eff. 90 days after Dec. 28, 2000.