§ 4. Determination of Effect on Small Business.

(a) The notice of proposed adoption or amendment of a regulation shall include a determination as to whether or not the adoption or amendment affects small business. For purposes of this section, an adoption or amendment affects small business if a small business within the meaning of Government Code section 11342.610:

(1) Is legally required to comply with the regulation;

(2) Is legally required to enforce the regulation;

(3) Derives a benefit from the enforcement of the regulation; or

(4) Incurs a detriment from the enforcement of the regulation.

(b) If an agency determines that the regulation does not affect small business, the agency shall include in the notice of proposed action a brief explanation of the reason(s) for the agency's determination.

HISTORY

1. New section filed 6-22-94; operative 6-22-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 25).

2. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations substituting “11342(h)” for “11342(e)” in subsection (a); “11346.2(a)” for “11346.7(a),” “11342(e)” for “11342(f),” and “11346.2(a)(1)” for “11343.2(b)” in subsection (b)(2)(A); “11342(e)” for “11342(f)” and “11346.2(a)(1)” for “11343.2(b)” in subsection (d)(1); and substituting “11342(e)” for “11342(f),” deleting “11343.2,” adding “11346.2(a)(1), substituting “11346.5(a)(3)(B)” for “11346.5,” and deleting “11346.7” in the reference citation under “NOTE.” Filed 1-3-95; operative upon filing (Register 95, No. 1).

3. Amendment of subsection (d)(1) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).

4. Change without regulatory effect amending section heading, section and Note filed 12-28-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 52).

Note

Note: Authority cited: Sections 11342.4 and 11349.1(c), Government Code. Reference: Sections 11340(g), 11342.610 and 11346.4(a)(3), Government Code.