(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, § 10101 et seq. of this title, that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit a regulatory flexibility analysis to be published by the Registrar of Regulations as part of the notice requirements set forth in § 10115 of this title. In connection herewith, agencies shall consider, where applicable, lawful, feasible and desirable, the following methods of reducing the additional costs and burdens of proposed regulations on individuals and small businesses:
(1) The establishment of less stringent compliance or reporting requirements;
(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements;
(3) The consolidation or simplification of compliance or reporting requirements;
(4) The establishment of performance standards to replace design or operational standards required in the proposed regulation;
(5) The exemption of certain individuals or small businesses from all or part of the requirements contained in the proposed regulation; and
(6) Such other alternative regulatory methods that will accomplish the objectives of the proposed regulation while minimizing the adverse impact upon individuals and small businesses.
(b) The following regulations are exempt from this section:
(1) Regulations that are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses; provided, however, that any agency making such a determination shall include a statement to that effect as part of the notice requirements set forth in § 10115 of this title;
(2) Emergency regulations adopted pursuant to § 10119 of this title;
(3) Regulations that are exempt from the procedural requirements of the Administrative Procedures Act, § 10101 et seq. of this title, pursuant to § 10113(b) of this title;
(4) Regulations that define standards of conduct or qualifications of individuals applying for licensure or as licensed professionals;
(5) Regulations that are required by federal law and have already complied with the federal Regulatory Flexibility Act [5 U.S.C. § 601 et seq.]; and
(6) Such other regulations as may be determined from time to time in accordance with this chapter.
80 Del. Laws, c. 113, § 3.
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