TITLE 312 NATURAL RESOURCES COMMISSION

In its conduct of administrative review proceedings the Natural Resources Commission (NRC) does not gain sufficient insight to determine whether a party qualifies as a small business under IC 5-28-2-6. Furthermore, it is impossible to know who may become a party to an NRC proceeding. For these reasons, it is significantly challenging to estimate a number of small businesses to which this proposed rule may apply. With this understanding it is estimated that approximately 25 to 35 small businesses may be impacted annually.

None. There are no reporting requirements associated with this proposed rule.

None or minimal. A small business would be obligated to file a designation of representation, which requires the document be submitted to the NRC. Submission of a document for filing may be made by U.S. mail or other third party delivery service, which would involve minimal cost. However, at a party's option, documents submitted for filing may also be submitted by email, which would result in no cost to the small business.

The proposed amendments impose only minimal additional requirements on small businesses that are a party to an administrative review proceeding. This proposed rule will impose only a minimal administrative requirement resulting in no or only de minimis monetary costs upon a very limited number of small businesses in order to improve the efficient conduct of administrative review proceedings and protect the integrity of the NRC's final actions.

In conjunction with the Office of Management and Budget's review of the NRC's request for exemption from the moratorium on rulemaking, the proposed rule, as originally presented, was revised to further reduce impacts that might have further burdened small businesses. Additional alternatives to reduce impacts or costs were not identified.

DIN: 20181114-IR-312180272EIA

Composed: May 05,2024 3:56:55PM EDT

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