§974.5. Regulatory flexibility analysis

            A. Prior to the adoption of any proposed rule, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses:

            (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 for small businesses to replace design or operational standards required in the proposed rule.

            (5) The exemption of small businesses from all or any part of the requirements contained in the proposed rule.

            B. Prior to the adoption of any proposed rule by an agency which according to the economic impact statement required by R.S. 49:974.4 and the results of the regulatory flexibility analysis required by this Section would have an adverse impact on small businesses, the agency shall notify the Department of Economic Development of its intent to adopt the proposed rule.

            C. The agency shall submit the small business flexibility analysis with the office of the state register pursuant to R.S. 49:961.

            Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.5.