KRS § 13A.222 — KY Code / Title III / Chapter 13A / Section 13A.222
13A.222 Drafting rules
Status: reserved

13A.222 Drafting rules.

(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.