For each of the regulations subject to this chapter, a small enterprise adversely affected or impaired by an action of an agency, may resort to an appeal for review in the courts to evaluate the compliance of the agency with the requirements of §§ 2252 and 2253 of this title, and Sections 6(b) and 9(b). Compliance with §§ 2257 and 2259 must be judicially evaluated in connection to the judicial review stipulated in this section.
A small business may request judicial review for a period of up to one (1) year counting from the date of the final action of the agency, except when there is a provision of law that requires that any action to contest an action taken by an agency must be executed in less than one (1) year. This period shall apply for the review under this section.
In the case that an agency delays the statement of the final regulatory flexibility analysis pursuant to Section 9(b), a petition for judicial review shall be filed no later than:
(1) One (1) year after the date that the final analysis is available to the public.
(2) When there is a provision that limits the period to petition for judicial review to less than one (1) year, the number of days specified under said provision following the date in which the final analysis is made public.
To confer any remedy under this section, the court shall direct the agency to take corrective actions consistent with this chapter, including but not being limited to:
(1) Returning the regulations to the agency, and
(2) defer the sanctions of the regulations for small businesses unless the court determines that to continue with the sanctions would be in the public interest.
Nothing contained in this section shall be construed to limit the authority of any court to set the effective date of any regulations or provision thereof under any other remedy, in addition to the requirements of this section.
In a petition for judicial review, the regulatory flexibility analysis for said regulations, including an analysis prepared or corrected pursuant to the law, shall constitute part of the entire file of the action of the agency germane to said review.
The compliance or noncompliance of this chapter shall be subject to judicial review solely pursuant to the stipulations of this section.
Nothing stated in this section prevents the judicial review of other laws that require a similar analysis if the judicial review is permitted by law.
History —Dec. 28, 2000, No. 454, § 11, eff. 90 days after Dec. 28, 2000.