SB47-AA4,1,7 7238.09 Office of the small business advocate. (1) In this section:

SB47-AA4,1,88 (a) "Agency" has the meaning given in s. 227.01 (1).

SB47-AA4,1,99 (b) "Office" means the office of the small business advocate.

SB47-AA4,1,1010 (c) "Small business" has the meaning given in s. 227.114 (1).

SB47-AA4,1,1211 (d) "Small business regulatory coordinator" means the employee of an agency
12designated by the agency as required under s. 227.114 (7m).

SB47-AA4,1,1313 (e) "Small business stationary source" has the meaning given in s. 285.79 (1).

SB47-AA4,2,16

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1(2) The corporation shall establish and operate the office to facilitate the flow
2of information between state and federal agencies and small businesses, to assist
3state agencies in establishing methods to encourage the participation of small
4businesses in rule making under s. 227.114 (4) and to serve as ombudsman for small
5business stationary sources in connection with the implementation of the federal
6Clean Air Act, 42 USC 7401 to 7671q. The office shall be modeled on the best
7practices of both state and federal small business advocacy organizations, shall take
8a proactive role in maintaining and helping small businesses grow economically, and
9shall have the goal of creating jobs and a healthy small business sector. The office
10shall be staffed by at least one full-time employee, and the corporation shall
11designate one full-time employee in the office as the small business advocate, who
12shall act as the official representative of the office for contacts between the office and
13agencies and small businesses or other members of the public. The staff of the office
14shall serve as staff to the small business regulatory review board and shall cooperate
15with the small business regulatory coordinator designated by each agency under s.
16227.114 (7m) to accomplish the objectives of this section.

SB47-AA4,2,17 17(3) The office shall do all of the following:

SB47-AA4,2,2418 (a) Upon the written request of a small business against which an agency has
19initiated an enforcement action that may, in the opinion of the small business, cause
20unnecessary hardship to the small business, review and investigate the
21circumstances of the enforcement action and prepare recommendations regarding
22alternative penalties to be imposed upon the small business that will, in the opinion
23of the office, achieve regulatory compliance by the small business without causing
24unnecessary hardship to the small business.

SB47-AA4,3,2

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1(b) Submit to the small business regulatory coordinator of the agency initiating
2the enforcement action under par. (a) all of the following:

SB47-AA4,3,33 1. A copy of the written request submitted to the office under par. (a).

SB47-AA4,3,44 2. Any recommendations prepared by the office under par. (a).

SB47-AA4,3,95 3. A statement requesting that the small business regulatory coordinator
6submit to the office within 45 days after receipt of the statement a written response
7describing the enforcement action taken by the agency, or that the agency intends
8to take, against the small business and what, if any, considerations were made for
9the small business as a result of the recommendations prepared under par. (a).

SB47-AA4,3,1010 (c) Annually do all of the following:

SB47-AA4,3,1311 1. Compile the written requests received by the office under par. (a), the
12submissions made by the office under par. (b), and any communications received
13from enforcing agencies under par. (b).

SB47-AA4,3,1714 2. Analyze and evaluate the information under subd. 1. and any other relevant
15information to determine regulatory enforcement trends and the efficacy of the office
16in providing regulatory relief to and promoting regulatory compliance by small
17businesses.

SB47-AA4,3,1918 3. Report the information and findings under subds. 1. and 2. to the governor
19and to the legislature under s. 13.172 (2).

SB47-AA4,3,2522 285.79 (3) Assistance program. (intro.) The department shall, in cooperation
23with the office of the small business advocate under s. 238.09, develop and
24administer a small business stationary source technical and environmental
25compliance assistance program. The program shall include all of the following:

SB47-AA4,4,73 285.795 (2) The employees of the corporation who staff the office of the small
4business advocate under s. 238.09 and the employees of the department who staff the
5small business stationary source technical and environmental compliance
6assistance program under s. 285.79 shall provide the small business environmental
7council with the assistance necessary to comply with sub. (1).".