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Small Business Law Small
Business Laws & Statutes
Regulatory
Flexibility Act (RFA) -The
Regulatory Flexibility Act requires federal agencies to review
regulations for their impact on small businesses and consider less burdensome
alternatives.
·
Model Legislation for the
States - Regulatory Flexibility Initiative
Small Business Regulatory Enforcement Fairness =
Act
(SBREFA)
Administrative Procedure Act (5 U.S.C. Subchapter
II) - The Administrative ProcedureAct
sets out the basic guidelines by which Federal Agencies promulgate Regulations.
Equal Access to Justice Act (EAJA)
- The EAJA provides for the awarding of attorney’s fees in cases where
inappropriate or unwarranted actions were taken by the federal government
against an individual.
Unfunded Mandates Reform Act
- The
Unfunded Mandates Reform Act provides that each bill must be analyzed for its
impact on local government and other entities before it can be voted on. In
this way, its impact is known to the legislators before they impose it.
Paperwork Reduction Act 0f 1980-The
Paperwork Reduction Act requires all proposed regulations to be analyzed for
the paperwork that they require and that paperwork be reduced to a minimum.
A
regulation which creates a new paperwork requirement must be cleared by the
Office of Management and Budget (OMB).
Small Business Paperwork Relief Act of 2002
-
This
law institutes a process to make paperwork reduction a serious, ongoing effort
and introduces measures to make it easier for small businesses to comply with
the law. The law:
Small
Business Paperwork Relief Task Force
Small
Business Act (15 U.S.C. Chapter 14A)
Executive
Order 12866 - provides guidelines for a
detailed analysis of regulations that will have over $100 million impact and
other types of significant regulations. Agencies are required to analyze the
impact of regulations, and propose alternatives in a report that is reviewed by
the Office of Management and Budget (OMB).
Executive Order13272
- requires federal agencies to better asses the impact that their proposed
regulations will have on small entities. The requirements of the
executive order are designed to strengthen the current requirements of the
Regulatory Flexibility Act (RFA) and to allow Advocacy to participate as early
as possible in the rulemaking process when small business impact is at issue. Memorandums of Understanding (MOUs)
MOU with the Occupational Safety and Health Administration (OSHA) - the objective of the MOU is to assist OSHA in its efforts to reach small business as it develops new industry specific ergonomic guidelines. Industry- and task-specific guidelines are a key component of OSHA's program of addressing ergonomics in the workplace with outreach and education. MOU with the Office of the National Ombudsman - the objectives are to establish an information sharing process to ensure that small business complaints, comments or concerns are handled by the appropriate office and to establish guidancefor dissemination of information to small businesses and Federal agencies explaining the statutory responsibilities of both offices.
MOU with the
Office
of Information and Regulatory Affairs (OIRA)
- the objectives of the MOU are
to
establish an information sharing process between Advocacy and OIRA when a draft
rulemaking is likely to impact small entities; to establish Advocacy guidance
for Federal agencies on the requirements of the RFA; and to establish training
for Federal agencies on compliance with the RFA. General Accounting Office (GAO) Reports
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