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13A.222 Drafting rules.
(1)
(2)
(3)
(4)
In a new administrative regulation, there shall be no underlining or bracketing.
In an amendment to an administrative regulation, the new words shall precede
the deleted words. The administrative body shall:
(a) Underline all new words; and
(b) Place the deleted words in brackets and strike through these words.
(a) An administrative regulation shall not be amended by reference to a
section only. An amendment shall contain the full text of the existing
administrative regulation being amended.
(b) A section of an administrative regulation shall not be reserved for future
use.
In drafting administrative regulations, the administrative body shall comply with
the requirements established in this subsection.
(a) The administrative body shall use plain and unambiguous words that are
easily understood by laymen. The administrative body shall avoid
ambiguous, indefinite, or superfluous words and phrases.
(b) A duty, obligation, or prohibition shall be expressed by "shall" or "shall
not." "Should," "could," or "must" shall not be used. The future tense shall
not be expressed by the word "shall." A discretionary power shall be
expressed by "may."
(c) The
words
"said,"
"aforesaid,"
"hereinabove,"
"hereinafter,"
"beforementioned," "whatsoever," or similar words of reference or
emphasis shall not be used. Where an article may be used, the
administrative body shall not use the word "such." It shall not use the
expression "and/or" and shall not separate alternatives with a slash. It
shall not use contractions. When a number of items are all mandatory, the
word "and" shall be used. When all of a number of items are not
mandatory, the word "or" shall be used.
(d) Certain words are defined in the Kentucky Revised Statutes. Where
applicable, these definitions shall be used. Definitions appearing in the
Kentucky Revised Statutes shall not be duplicated in a proposed
administrative regulation. A reference shall be made to the chapters and
sections of the Kentucky Revised Statutes in which the definitions appear.
(e) If definitions are used, they shall be placed in alphabetical order in the
first section of an administrative regulation or in a separate administrative
regulation. The section or administrative regulation shall be titled
"Definitions." If definitions are placed in the first section of an
administrative regulation, the definitions shall govern only the terms in
that administrative regulation. If definitions are placed in a separate
administrative regulation, that administrative regulation shall be the first
administrative regulation of the specific chapter of the Kentucky
Administrative Regulations Service to which the definitions apply. The title
of the administrative regulation shall also contain the number of the
chapter of the Kentucky Administrative Regulations Service to which the
definitions apply. In the text of an administrative regulation, the word
defined in the definitions section, rather than the definition, shall be used.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Definitions shall be used only:
1.
When a word is used in a sense other than its dictionary meaning,
or is used in the sense of one of several dictionary meanings;
2.
To avoid repetition of a phrase; or
3.
To limit or extend the provisions of an administrative regulation.
If a word has the same meaning as a phrase, the word shall be used.
The present tense and the indicative mood shall be used. Conditions
precedent shall be stated in the perfect tense if their happening is
required to be completed.
The same arrangement and form of expression shall be used throughout
an administrative regulation, unless the meaning requires variations.
"If" or "except" shall be used rather than "provided that" or "provided,
however." "If" shall be used to express conditions, rather than the words
"when" or "where."
A word importing the masculine gender may extend to females. A word
importing the singular number may extend to several persons or things.
Any reference in an administrative regulation to "medical doctor," "M.D.,"
or "physician" shall be deemed to include a doctor of osteopathy or D.O.,
unless either of those terms is specifically excluded.
An administrative body shall use the phrases specified in this subsection:
Do Not Use:
Use:
And/or
"and" for a conjunctive
"or" for a disjunctive
Any and all
either word
As provided in this
administrative regulation
---At the time
when
And the same hereby is
is
Either directly or indirectly
---Except where otherwise
State specific
provided
exemption.
Final and conclusive
final
Full force and effect
force or effect
In the event that; In case
if
Including but not
State the specific items
limited to
to be included.
Is authorized; Is empowered
may
Is defined and shall be
construed to mean
means
Is hereby required to
shall
It shall be lawful
may
Latin words
medical or
Do not use unless
scientific terminology.
Null and void and of no effect
void
Order and direct
either word
Provision of law
law
Until such time as
until
Whenever
if
(m) 1.
Unless the authority for an administrative regulation is an
appropriation provision that is not codified in the Kentucky Revised
Statutes, the specific chapter and section number of the Kentucky
Revised Statutes authorizing the promulgation of an administrative
regulation shall be cited.
2. a.
If an act has not been codified in the Kentucky Revised
Statutes at the time an administrative regulation is
promulgated, or if the authority is any branch budget bill, the
citation shall be as follows: "(year) Ky. Acts ch. (chapter
number), sec. (section number)." When an act has been
codified, the administrative body shall notify the regulations
compiler of the proper citation in writing. Upon receipt of the
written notice, the regulations compiler shall correct the
citation.
b.
For acts of extraordinary sessions, the citation shall be as
follows: "(year) (Extra. Sess.) Ky. Acts ch. (chapter number),
sec. (section number)." If there is more than one (1)
extraordinary session of the General Assembly in the year, the
citation shall specify the specific extraordinary session, as
follows: "(year) (2d Extra. Sess.) Ky. Acts ch. (chapter
number), sec. (section number)."
3.
When an act has been codified, the administrative body shall notify
the regulations compiler of the proper citation of the Kentucky
Revised Statutes in writing. Upon receipt of the written notice, the
regulations compiler shall correct the citation.
4.
If the statutory authority is an appropriation act, the citation shall be
as follows: "(year) Ky. Acts ch. (chapter number), Part (part and
subpart numbers)."
5.
If the authority is an executive order, the citation shall be as follows:
"EO (year executive order issued)-(number of executive order)."
(n) If the statutory authority is a federal statute, the citation shall be the:
1.
United States Code (U.S.C.), if it has been codified; or
2.
Public Law (Pub. L.) and official session laws, if it has not been
codified.
(o) 1.
If the statutory authority is a federal regulation codified in the Code
of Federal Regulations, the citation shall include the title, part, and
section number, as follows: "(title number) C.F.R. (part and section
(p)
(q)
number)."
2. a.
If the statutory authority is a federal regulation that has not
been codified in the Code of Federal Regulations, the citation
shall be to the Federal Register, as follows: "(volume number)
Fed. Reg. (page number) (effective date of the federal
regulation) (section of Code of Federal Regulations in which it
will be codified)."
b.
When the federal regulation is codified, the citation shall be
amended to read as provided by subparagraph 1. of this
paragraph.
3. a.
If the statutory authority is a federal regulation that has been
amended, and the amendment is not reflected in the current
issue date of the volume of the Code of Federal Regulations in
which the federal regulation is codified, the citation shall be to
the Federal Register as follows: "(federal regulation that has
been amended), (volume number) Fed. Reg. (page number)
(effective date of the amendment)."
b.
When the amendment is codified in the appropriate volume of
the Code of Federal Regulations, the citation shall be amended
to read as provided by subparagraph 1. of this paragraph.
Citations of items in the "RELATES TO" paragraph of an administrative
regulation shall comply with paragraphs (m), (n), and (o) of this
subsection.
An administrative regulation may cite the popular name of a federal or
state law if the popular name is accompanied by the citation required by
this paragraph.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 138, sec. 5, effective July 12, 2012. -Amended 2011 Ky. Acts ch. 73, sec. 1, effective June 8, 2011. -- Amended 2005
Ky. Acts ch. 100, sec. 7, effective June 20, 2005. -- Amended 2000 Ky. Acts
ch. 406, sec. 10, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 180,
sec. 9, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 387, sec. 14,
effective July 15, 1994; and ch. 410, sec. 13, effective July 15, 1994. -Amended 1990 Ky. Acts ch. 516, sec. 23, effective July 13, 1990. -- Created
1988 Ky. Acts ch. 425, secs. 1 and 2, effective July 15, 1988.
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