Section 25-43-4.105 - Committee opposition to promulgated regulations; agency response(1) For promulgated regulations, the committee may file a written petition with the agency that has promulgated the regulations opposing all or part of a regulation that has an impact on small business. In addition to distinctly setting forth how the regulation has had an impact on small business, the committee's petition shall address the following factors: (a) The continued need for the rule;(b) The nature of complaints or comments received concerning the rule from the public;(c) The complexity of the rule;(d) The extent to which the rule overlaps, duplicates or conflicts with other federal, state and local governmental laws or rules; and(e) The length of time since the rule has been evaluated or the degree to which technology, economic conditions or other factors have changed in the area affected by the rule. The petition may also renew any earlier comments made by the committee when the regulation was first promulgated, as provided by Section 25-43-4.104(3). Furthermore, the committee's petition shall make a specific recommendation concerning the regulation, including, but not limited to, whether the regulation should be amended, revised or revoked.
(2) The agency shall submit a written response of its determination to the committee within sixty (60) days after receipt of the petition. If the agency determines that the petition merits the amendment, revision, or revocation of a regulation, the agency may initiate proceedings in accordance with the applicable requirements of the Mississippi Administrative Procedures Law. If the agency determines that the petition is without merit, the committee may submit within thirty (30) days additional data in support of its petition. Laws, 2012, ch. 454, § 5, eff. 7/1/2012.Reenacted by Laws, 2016, ch. 411, HB 819, 5, eff. 7/1/2016.