Kentucky Statutes 13A.222 – Drafting rules
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(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.
(3) (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.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 16, effective July 15, 2016. — 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.
(2) In an amendment to an administrative regulation, the new words shall precede the deleted words. The administrative body shall:
Terms Used In Kentucky Statutes 13A.222
- Administrative body: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity, except the General Assembly and the Court of Justice, authorized by law to promulgate administrative regulations. See Kentucky Statutes 13A.010
- Administrative regulation: means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body. See Kentucky Statutes 13A.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- promulgated: means that an administrative regulation, or other document required to be filed by this chapter, has been submitted to the Commission in accordance with this chapter. See Kentucky Statutes 13A.010
- Proposed administrative regulation: means an administrative regulation that: (a) Has been filed by an administrative body. See Kentucky Statutes 13A.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(a) Underline all new words; and
(b) Place the deleted words in brackets and strike through these words.
(3) (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.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 16, effective July 15, 2016. — 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.