Fourth Amendment — Prohibits unlawful search and seizure
See v. City of Seattle : Small Businessman wins in United States Supreme Court — Unconsented administrative entry and inspection of private commercial premises.
U.S. Constitution: Fourteenth Amendment — Due process and the protection of life, liberty & property.
Executive Order 12866 — Regulatory Planning and Review
Regulatory Flexibility Act (RFA) — Requires federal agencies to review regulations for their impact on small businesses and consider less burdensome alternatives.
SEC. 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS. (Small Business Regulatory Enforcement Fairness Act of 1996)
(a) In General.–Each agency regulating the activities of small entities shall establish a policy or program within 1 year of enactment of this section to provide for the reduction, and under appropriate circumstances for the waiver, of civil penalties for violations of a statutory or regulatory requirement by a small entity. Under appropriate circumstances, an agency may consider ability to pay in determining penalty assessments on small entities.
Small Business Regulatory Enforcement Fairness Act of 1996 — Makes Federal regulators more accountable for their enforcement actions by providing small entities with a meaningful opportunity for redress of excessive enforcement activities. Congress passed SBREFA in response to concerns expressed by the small business community that Federal regulations were too numerous, too complex and too expensive to implement. SBREFA was designed to give small businesses assistance in understanding and complying with regulations and more of a voice in the development of new regulations. Under SBREFA Federal agencies must:
- Produce Small Entity Compliance Guides for some rules
- Be responsive to small business inquiries about compliance with the agency’s regulations
- Submit final rules to Congress for review
- Have a penalty reduction policy for small businesses
- Involve small businesses in the development of some proposed rules through Small Business Advocacy Review Panels.
In addition, SBREFA established 10 Small Business Regulatory Fairness Boards to receive comments from small businesses across the country about Federal compliance and enforcement issues and activities, and report these findings annually to Congress. The legislation also gives small businesses expanded authority to recover attorney’s fees and costs when a Federal agency has been found to have acted excessively in enforcing Federal regulations.
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As part of the mission of the Office of the National Ombudsman (ONO) of the U.S. Small Business Administration (SBA) to create a fair, less burdensome regulatory enforcement environment for small business government wide, ONO is working with each Federal Agency to establish a policy prohibiting retaliatory actions, by its employees, against regulated entities. This Notice states SBA’s policy prohibiting retaliatory action by SBA employees against any small business. If a small business requests Ombudsman assistance on a matter, or otherwise questions or complains about SBA regulatory or enforcement actions, requirements or policies, the Agency will not retaliate in any fashion. The SBA has important responsibilities to small businesses in carrying out its mission to protect, promote, and enhance the role of small business in the Nation’s economy and is committed to maintaining an environment in which small businesses are free to challenge SBA regulatory or enforcement actions, requirements, and policies without fear of retaliation. Our duty, as SBA employees, is to act impartially and not give preferential treatment to any private entity. SBA takes allegations of retaliation very seriously and will thoroughly investigate any allegation of retaliation and take appropriate action to correct the situation and ensure it is not repeated. SBA supports ONO’s policy of referring all allegations of threats or retaliation against small businesses to the appropriate Inspector General. Any retaliatory action taken by an SBA employee against a small business will be dealt with according to SBA regulations, including 13 CFR §§ 105.206 and 208. As an Agency, we are making many changes and seeing positive results that you have helped bring to fruition. We continue to ensure fairness and objectivity of our actions in support of America’s small businesses. — Steven C. Preston, Administrator
You may file a Complaint or Comment directly to the National Ombudsman by clicking here.
