Alaska Statutes: AS 44.62.218. Regulations Affecting Small Businesses.

Alaska Statutes. Title 44. State Government Chapter 62. Administrative Procedure Act Section 218. Regulations Affecting Small Businesses.

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AS 44.62.218. Regulations Affecting Small Businesses.

(a) Before a designated state agency adopts a proposed regulation that may govern the conduct of small businesses, or when a person petitions a designated state agency under AS 44.62.220 to adopt a proposed regulation that may govern the conduct of small businesses, the designated state agency shall

(1) notify the department that the designated state agency intends to adopt the proposed regulation or has received a petition under AS 44.62.220 to adopt the proposed regulation;

(2) prepare an economic effect statement under (b) and (c) of this section; and

(3) prepare a regulatory flexibility analysis under (d) and (e) of this section.
(b) A designated state agency shall use the information received under AS 44.62.210 and 44.62.215, information provided by the department under (f) of this section, and other information in the files of the designated state agency to prepare the economic effect statement required by (a) of this section.
(c) The economic effect statement required by (a) of this section must provide, if available from the information gathered under (b) of this section,

(1) a general description of small businesses that would be subject to the proposed regulation;

(2) the projected reporting, record keeping, and other administrative costs that small businesses would be required to incur in order to comply with the proposed regulation, including an identification of the type of professional skills necessary to prepare the report or record or to take the administrative action;

(3) a statement of the probable economic effect that the proposed regulation would have on the small businesses whose conduct would be governed by the proposed regulation; and

(4) a description of any alternative methods of achieving the purpose of the proposed regulation that would be less intrusive or less costly for the small businesses whose conduct would be governed by the proposed regulation.
(d) In the regulatory flexibility analysis required by (a) of this section, a designated state agency shall consider using regulatory methods that

(1) minimize the effects of the proposed regulation on small businesses without compromising the objectives of statutes authorizing the proposed regulation; and

(2) are consistent with health, safety, environmental welfare, and economic welfare.
(e) When preparing the regulatory flexibility analysis under (d) of this section, the designated state agency shall consider

(1) the establishment of less stringent compliance or reporting requirements for small businesses;

(2) the establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;

(3) the consolidation or simplification of compliance or reporting requirements for small businesses;

(4) the establishment of performance standards to replace design or operational standards for small businesses; and

(5) the exemption of small businesses from all or any part of the requirements contained in the proposed regulation.
(f) The department shall advise and assist a designated state agency to comply with this section.
(g) This section does not apply to regulations

(1) of a board or commission whose members are subject to confirmation by the legislature;

(2) of the Alaska Energy Authority;

(3) of the Department of Environmental Conservation that are adopted under the authority of AS 46.03.050 - 46.03.900, AS 46.04, AS 46.08, AS 46.09, AS 46.11, AS 46.14, AS 46.35, or AS 46.45;

(4) of the Local Boundary Commission;

(5) mandated by federal law as a condition for participating in or implementing a federally subsidized or assisted program, or for obtaining or maintaining state primacy in a federal program;

(6) that address standards, requirements, or conditions for reimbursement by the designated state agency for services to be rendered on behalf of the designated state agency, that address amounts or rates of that reimbursement, or that adjust those amounts or rates to contain costs within the amount of appropriations from the legislature for a state fiscal year; or

(7) that establish standards, requirements, or conditions for the eligibility of an individual for assistance under AS 18 or AS 47, or that establish standards for determining the amount of assistance that an eligible person is entitled to receive.
(h) This section does not create a private cause of action. If a designated state agency fails to comply with this section, the failure does not establish a ground on which to invalidate a regulation that has been filed by the lieutenant governor under AS 44.62.080 . This subsection is not intended to prevent judicial review of a regulation under AS 44.62.300 for a reason unrelated to this section.
(i) In this section,

(1) "department" means the Department of Commerce, Community, and Economic Development;

(2) "designated state agency" means the

(A) Department of Commerce, Community, and Economic Development;

(B) Department of Environmental Conservation;

(C) Department of Health and Social Services; or

(D) Department of Labor and Workforce Development;

(3) "governs the conduct" means regulates the manner in which a small business conducts its business activities but does not include the imposition of a fee to cover the cost of a state service if the fee is charged uniformly to all users of the service;

(4) "proposed regulation" means a proposal for a new regulation or for a change in or an addition to an existing regulation but does not include the repeal of an existing regulation;

(5) "regulation" has the meaning given in AS 44.62.640 but does not include an emergency regulation under AS 44.62.250 - 44.62.260;

(6) "small business" means

(A) a business entity, including its affiliates, that

(i) is independently owned and operated; and

(ii) employs fewer than 100 employees;

(B) a village corporation that employs fewer than 100 employees; in this subparagraph, "village corporation" has the meaning given in 43 U.S.C. 1602(j); or

(C) a nonprofit utility that employs fewer than 100 employees; in this subparagraph, "utility" has the meaning given in AS 42.05.990 .

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