Reducing Disproportionate Economic Impact Of Rule On Small Business; Applicability Of Section And S 24.245(3) - Mich. Comp. Laws Section 24.240

Sec. 40.

(1) When an agency proposes to adopt a rule that will apply to a small business and the rule will have a disproportionate impact on small businesses because of the size of those businesses, the agency proposing to adopt the rule shall reduce the economic impact of the rule on small businesses by doing 1 or more of the following when it is lawful and feasible in meeting the objectives of the act authorizing the promulgation of the rule:

(a) Establish differing compliance or reporting requirements or timetables for small businesses under the rule.

(b) Consolidate or simplify the compliance and reporting requirements for small businesses under the rule.

(c) Establish performance rather than design standards, when appropriate.

(d) Exempt small businesses from any or all of the requirements of the rule.

(2) If appropriate in reducing the disproportionate economic impact on small business of a rule as provided in subsection (1), an agency may use the following classifications of small business:

(a) 0-9 full-time employees.

(b) 10-49 full-time employees.

(c) 50-249 full-time employees.

(3) For purposes of subsection (2), an agency may include a small business with a greater number of full-time employees in a classification that applies to a business with fewer full-time employees.

(4) This section and section 45(3) do not apply to a rule which is required by federal law and which an agency promulgates without imposing standards more stringent than those required by the federal law.