13A.222 Drafting rules.
1,523 words·~7 min read·
/ky/chapter-13a/13a-222A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In a new administrative regulation, there shall be no underlining or bracketing.
(2)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. All changes made to the text of the existing
administrative regulation shall be marked as required by subsection
(2)of this
section.
(b)A section of an administrative regulation shall not be reserved for future use.
(4)In drafting administrative regulations, the administrative body shall comply with the
following requirements:
(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. The
format for this reference shall be: "("Defined term") is defined by KRS
(specific citation).";
(e)1. 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.
2. a. If definitions are placed in the first section of an administrative
regulation, the definitions shall govern only the terms in that
administrative regulation.
b. The section shall be titled "Definition." or "Definitions."
c. A definition shall not be included in a definitions section if the
defined term is not used in that administrative regulation or the
material incorporated by reference in that administrative
regulation.
3. a. 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.
b. The title of the administrative regulation shall contain the number
of the chapter of the Kentucky Administrative Regulations Service
to which the definitions apply and shall be in the format:
"Definitions for (title number) KAR Chapter (chapter number)."
c. A definition shall not be included in a definitions administrative
regulation if the defined term is not used in an administrative
regulation in that specific chapter or the material incorporated by
reference in an administrative regulation in that chapter.
4. In the text of an administrative regulation, the word defined in the
definitions section, rather than the definition, shall be used.
5. Definitions shall be used only:
a. When a word is used in a sense other than its dictionary meaning,
or is used in the sense of one
(1)of several dictionary meanings;
b. To avoid repetition of a phrase; or
c. To limit or extend the provisions of an administrative regulation.
6. Definitions shall not establish requirements or standards;
(f)If a word has the same meaning as a phrase, the word shall be used;
(g)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;
(h)The same arrangement and form of expression shall be used throughout an
administrative regulation, unless the meaning requires variations;
(i)"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";
(j)A word importing the masculine gender may extend to females. A word
importing the singular number may extend to several persons or things;
(k)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;
(l)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 ----
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 Do not use unless medical or
scientific terminology.
However, "et seq." may
be used for citations.
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 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;
(p)Citations of items in the "RELATES TO" paragraph of an administrative
regulation shall comply with paragraphs (m), (n), and
(o)of this subsection;
and
(q)An administrative regulation may cite the popular name of a federal or state law if the first usage of the popular name in that administrative regulation is accompanied by the citation required by this subsection.