(1) The Office of Small Business Assistance is established within the Office of Secretary of State. The Secretary of State shall employ and appoint personnel necessary to perform the functions and duties of the Office of Small Business Assistance.

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(2) The Office of Small Business Assistance shall:

(a) Assist state agencies with regulatory authority over small businesses to ensure that small businesses that are subject to audit, on-site inspection, compliance monitoring or compliance assistance efforts by state agencies, or that receive enforcement-related communications from or have contacts with state agencies with regulatory authority over small businesses, are provided with the means to comment on these interactions with state agencies.

(b) Work with state agencies for the purpose of facilitating interactions between small businesses and state agencies, including but not limited to obtaining timely responses to small business inquiries and requests, and resolving issues that arise in the administrative, regulatory and enforcement functions of state agencies with respect to small businesses.

(c) Work with small businesses and state agencies to identify and recommend efficient, responsive and nonretaliatory processes for:

(A) Receiving concerns or complaints from small businesses regarding interactions with state agencies;

(B) Participation of small businesses in general studies, conferences, inquiries or meetings that would improve the functioning of state agencies with regulatory authority over small businesses;

(C) Identifying causes of unnecessary delays, inconsistencies in the administrative, regulatory and enforcement functions of state agencies and inefficient uses of state resources; and

(D) Making recommendations for resolving issues and disputes that arise in the context of interactions between state agencies and small businesses.

(d) Upon receipt of a question from a small business relating to any aspect of starting, operating or winding up a small business, direct or refer the small business to an appropriate resource to answer the question.

(e) Work with small businesses and local governments for the purpose of facilitating interactions between small businesses and local governments, including but not limited to resolving issues that arise in the administrative, regulatory and enforcement functions of local governments with respect to small businesses.

(f) Work with small businesses and local governments to identify and recommend ways to improve processes and functions of local governments with respect to the interaction between local governments and small businesses, including but not limited to conducting general studies, conferences, inquiries or meetings.

(3) All state agencies shall cooperate with and assist the Office of Small Business Assistance in the performance of its duties and functions.

(4)(a) Public records prepared by or received by the Office of Small Business Assistance under subsection (2) of this section or ORS § 56.206 are confidential and exempt from disclosure by the Office of Small Business Assistance under ORS § 192.311 to 192.478, except for reports required under ORS § 56.206.

(b) Communications to and from the Office of Small Business Assistance are confidential and exempt from disclosure under ORS § 192.311 to 192.478.

(c) As used in this subsection, ‘public record’ has the meaning given that term in ORS § 192.311.

(5) The Secretary of State may adopt rules necessary to implement the provisions of ORS § 56.200 to 56.209. [2013 c.699 § 3; 2016 c.25 § 2; 2017 c.217 § 1]