(1) Prior to the adoption of a proposed rule, the agency that has proposed the rule shall determine if the rule will significantly and directly impact small businesses. If the agency determines that the proposed rule will impact small businesses, the determination must be published in the register when the proposed rule is published. If the agency determines that the proposed rule may have a significant and direct impact on small businesses and if subsection (4) does not apply, the agency shall prepare a small business impact analysis that, at a minimum, must:

(1) (a) identify by class or group the A proposal notice pursuant to 2-4-302 must include a small businesses probably affected by the proposed rule; business impact analysis. The small business impact analysis, at a minimum, must:

(i) identify by class or group the small businesses probably affected by the proposed rule; and

(ii) include a statement of the probable significant and direct effects of the proposed rule on the small businesses identified in subsection (1)(a)(i).

(b) include If a the statement of the probable significant and direct effects of the proposed rule on the small agency proposes to adopt, increase, or decrease a monetary amount that a person shall pay businesses identified in subsection (1)(a); and or will receive, such as a fee, cost, or benefits, the analysis must include an estimate, if known, of:

(i) the cumulative amount for all persons of the proposed increase, decrease, or new amount; and

(ii) the number of persons affected.

(c) include a description of any alternative methods that may be reasonably implemented to minimize or eliminate any potential adverse effects of adopting the proposed rule while still achieving the purpose of the proposed rule.

(2) The An agency shall provide documentation for the estimates, statements, and descriptions is not required to prepare a separate small business impact analysis under subsection (1). this section if the agency pursuant to 2-4-405 is preparing or has prepared an economic impact statement regarding adoption, amendment, or repeal of a rule.

(3) The office of economic development, established in 2-15-218, agency shall advise provide documentation for the estimates, statements, and assist agencies in complying with this section. descriptions required under subsection (1).

(4) An agency The final adoption, amendment, or repeal of is a rule is not required subject to prepare challenge in any court as a separate result of small the inaccuracy or inadequacy of a small business impact analysis required under this section if the agency pursuant to 2-4-405 is preparing or has prepared an economic

(5) The final adoption, amendment, or repeal of a rule is not subject to challenge in any court as a result of the inaccuracy or inadequacy of a small business impact analysis required under this section.

Small business impact analysis – assistance