When an agency promulgates a regulation pursuant to §§ 2101 et seq. of this title, better known as the “Uniform Administrative Procedures Act”, and is required by said act or another law to publicly notify or promulgate an interpretative regulation, the agency shall prepare an analysis of administrative flexibility. Each analysis shall contain:
(a) A brief statement of the need and objectives of the regulation;
(b) a summary of the significant issues raised by public opinion in response to the initial regulatory flexibility analysis; a summary of the agency’s evaluation of those issues, and a statement of the changes in the regulations established as a result of the comments;
(c) a description and an estimated number of small entities, according to the definition of “small businesses” established in § 2251(d) of this title, to which the regulations shall apply, or in its defect, an explanation for the unavailability of said estimate;
(d) a description of the reports, bookkeeping and other requirements to comply with the regulations, including an estimate of the type of small entities that shall be subject to the requirements and the kind of technical skills needed for the preparation of the report or register, and
(e) a description of the measures taken by the agency to minimize the significant financial impacts on small businesses in accordance with the objectives of the applicable statutes including a statement of the legal and public policy reasons, based on facts, to reject the other alternatives that could affect them.
The agency shall make copies of the regulatory flexibility analysis, which shall be available to the public and published in the Register of Regulations of the Department of State.
History —Dec. 28, 2000, No. 454, § 5, eff. 90 days after Dec. 28, 2000.