WASHINGTON — The Small Business Administration has given NCUA a grade of "A" in several areas of regulatory enforcement.
Released Dec. 18, SBA's National Ombudsman's 2005 Report to Congress details how federal agencies fare in ensuring that small businesses receive fair regulatory enforcement. The Small Business Regulatory Enforcement Fairness Act of 1996 authorized SBA's ombudsman office and the creation of 10 regional regulatory enforcement fairness boards to help small businesses hold federal regulators accountable for any unfair enforcement actions.
The report rated 30 agencies including NCUA using the following criteria: timeliness in responding to e-mail; quality of response to small entity comments; agency non-retaliation policy; participation in regulatory enforcement fairness hearings; agency notice to businesses of violations and right to comment; and compliance with reporting requirements of the Small Business Paperwork Relief Act of 2002, which should include a list of enforcement actions.
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NCUA received grades of "A" for having a written, non-retaliation policy in place, compliance assistance, notice to businesses and right to comment and complying with SBPRA reporting requirements. NCUA Chairman JoAnn Johnson said the agency is proud of the recognition.
"The fact that NCUA received A's for its non-retaliation policy, compliance assistance, notice of violation and right to comment procedures and reporting compliance is indicative not only of the emphasis that the Agency places on efficient operation, but also of our acknowledgement of the positive role that we can play in fostering credit union service to America's small business community," Johnson said.
The SEC earned A's for the same categories, as did the FDIC with the exception of a "B" in complying with SBPRA reporting requirements. Because some of the criteria were not applicable to the three agencies, they did not receive grades here, the report noted.
SBA Administrator Steven Preston said the overall goal is to ensure that small businesses receive "fair regulatory enforcement."
"By encouraging federal regulatory agencies to address small business concerns, the National Ombudsman helps to foster a business environment where entrepreneurs willingly test their ideas and risk their capital to be successful. In removing these roadblocks, we help free small business to do business," Preston said.
In FY 2005, SBA's ombudsman office received 382 comments: 179 through online submissions, 92 at hearings, 58 by e-mail, 29 by fax, 23 by U.S. mail, and one by phone. The office said it expects that a federal agency will respond within 30 days of receiving a comment and related paperwork. –[email protected]
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