Is your Small Business Facing Burdensome Federal Regs?

Federal regulation and federal agency enforcement actions impact small businesses around the country. To help bridge the gap between federal regulators and the full spectrum of the small-business community, Congress created the Office of the National Ombudsman, by passing the Small Business Regulatory Enforcement and Fairness Act in 1996 (also known as the SBREFA Act).

Together with SBA resource partners and Regulatory Fairness Board members, the National Ombudsman convenes public forums — roundtables and hearings — in all 10 SBA regions each year. These public forums bring together Regulatory Fairness Board members appointed by the SBA administrator, small-business owners and operators, and representatives of federal regulatory agencies to provide a unique and direct channel for small-business owners to voice concerns and report hurdles for their businesses that could be relieved by different regulatory approaches. 

Roundtables bring together the small-business community and business and trade associations for a dialogue with the National Ombudsman, Regional Regulatory Fairness Board members, and often, local representatives of federal regulators. Participating federal agencies explain their regulatory and compliance-assistance programs, while representatives of small businesses voice concerns about specific regulatory requirements and the impact of government rules on local businesses. 

Hearings are public forums that collect information and receive testimony from individual entrepreneurs and small-business groups. They also educate the community on the federal regulatory hurdles that small businesses face. Federal-agency representatives are invited to attend hearings to keep abreast of small-business regulatory issues, particularly when they directly concern an agency’s enforcement responsibilities.

In addition to working with individual small-business complaints, the Office of the National Ombudsman evaluates federal agencies in accordance with the SBREFA Act to increase a fair and burden-free environment for small businesses. 

Small businesses with problems involving unfair or over-burdensome federal regulations can submit a request for assistance using the website www.sba.gov/ombudsman/comments. After receipt, the Ombudsman reviews the form, determines how the office can assist, advises the small business of the expected next steps and contacts the federal agency involved if a SBREFA review process is warranted. The Ombudsman’s Office follows up on the response of the federal agency and communicates to the small business owner of the actions taken to assist them.

Regulatory Fairness Board members in each of SBA’s 10 regions consist of established small-business owners who serve as the eyes and ears for small companies and their local communities. I encourage our experienced entrepreneurs from upstate New York to consider volunteering to serve on the Regulatory Fairness Board for Region II, which covers New York, New Jersey, Puerto Rico, and the U.S. Virgin Islands. You can begin the application process by simply sending an email to our SBA Ombudsman at ombudsman@sba.gov.         

Bernard J. Paprocki is district director for the SBA’s Syracuse district office. He is responsible for the delivery of SBA’s financial programs and business-development services for a 34-county region in upstate New York.