Sec. 6. (a) Not later than seven (7) days before the date of the public hearing set forth in the agency’s notice under IC 4-22-2-24, the small business ombudsman shall do the following:

(1) Review the proposed rule and economic impact statement submitted to the small business ombudsman by the agency under section 5 of this chapter.

(2) Submit written comments to the agency on the proposed rule and the economic impact statement prepared by the agency under section 5 of this chapter. The small business ombudsman’s comments may:

(A) recommend that the agency implement one (1) or more of the regulatory alternatives considered by the agency under section 5 of this chapter;

(B) suggest regulatory alternatives not considered by the agency under section 5 of this chapter;

(C) recommend any other changes to the proposed rule that would minimize the economic impact of the proposed rule on small businesses; or

(D) recommend that the agency abandon or delay the rulemaking action until:

(i) more data on the impact of the proposed rule on small businesses can be gathered and evaluated; or

(ii) less intrusive or less costly alternative methods of achieving the purpose of the proposed rule can be effectively implemented with respect to small businesses.

     (b) Upon receipt of the small business ombudsman’s written comments under subsection (a), the agency shall make the comments available:

(1) for public inspection and copying at the offices of the agency under IC 5-14-3;

(2) electronically through the electronic gateway administered under IC 4-13.1-2-2(a)(6) by the office of technology; and

(3) for distribution at the public hearing required by IC 4-22-2-26.

     (c) Before finally adopting a rule under IC 4-22-2-29, and in the same manner that the agency considers public comments under IC 4-22-2-27, the agency must fully consider the comments submitted by the small business ombudsman under subsection (a). After considering the comments under this subsection, the agency may:

(1) adopt any version of the rule permitted under IC 4-22-2-29; or

(2) abandon or delay the rulemaking action as recommended by the small business ombudsman under subsection (a)(2)(D), if applicable.

As added by P.L.188-2005, SEC.4. Amended by P.L.198-2007, SEC.1; P.L.109-2015, SEC.17; P.L.134-2021, SEC.7; P.L.249-2023, SEC.41.