{"data":{"id":"us-ky/krs-13a.222","jurisdiction":"us-ky","citation":"KRS 13A.222","heading":"Drafting rules.","body":"(1) In a new administrative regulation, there shall be no underlining or bracketing.\n(2) In an amendment to an administrative regulation, the new words shall precede the\ndeleted words. The administrative body shall:\n(a) Underline all new words; and\n(b) Place the deleted words in brackets and strike through these words.\n(3) (a) An administrative regulation shall not be amended by reference to a section\nonly. An amendment shall contain the full text of the existing administrative\nregulation being amended. All cha nges made to the text of the existing\nadministrative regulation shall be marked as required by subsection (2) of this\nsection.\n(b) A section of an administrative regulation shall not be reserved for future use.\n(4) In drafting administrative regulations, the administrative body shall comply with the\nfollowing requirements:\n(a) The administrative body shall use plain and unambiguous words that are\neasily understood by laymen. The administrative body shall avoid ambiguous,\nindefinite, or superfluous words and phrases;\n(b) A duty, obligation, or prohibition shall be expressed by \"shall\" or \"shall not.\"\n\"Should,\" \"could,\" or \"must\" shall not be used. The future tense shall not be\nexpressed by the word \"shall.\" A discretionary power shall be expressed by\n\"may\";\n(c) The words \"said,\" \"aforesaid,\" \"hereinabove,\" \"hereinafter,\"\n\"beforementioned,\" \"whatsoever,\" or similar words of reference or emphasis\nshall not be used. Where an article may be used, the administrative body shall\nnot use the word \"such.\" It shall not use the expression \"and/or\" and shall not\nseparate alternatives with a slash. It shall not use contractions. When a number\nof items are all mandatory, the word \"and\" shall be used. When all of a\nnumber of items are not mandatory, the word \"or\" shall be used;\n(d) Certain words are defined in the Kentucky Revised Statutes. Where\napplicable, these definitions shall be used. Definitions appearing in the\nKentucky Revised Statutes shall not be duplicated in a proposed\nadministrative regulation. A reference shall be made to the chapters and\nsections of the Kentucky Revised Statutes in which the definitions appear. The\nformat for this reference shall be: \"(\"Defined term\") is defined by KRS\n(specific citation).\";\n(e) 1. If definitions are used, they shall be placed i n alphabetical order in the\nfirst section of an administrative regulation or in a separate\nadministrative regulation.\n2. a. If definitions are placed in the first section of an administrative\nregulation, the definitions shall govern only the terms in that\nadministrative regulation.\nb. The section shall be titled \"Definition.\" or \"Definitions.\"\nc. A definition shall not be inclu ded in a definitions section if the\ndefined term is not used in that administrative regulation or the\nmaterial incorporated by reference in that administrative\nregulation.\n3. a. If definitions are placed in a separate administrative regulation,\nthat admini strative regulation shall be the first administrative\nregulation of the specific chapter of the Kentucky Administrative\nRegulations Service to which the definitions apply.\nb. The title of the administrative regulation shall contain the number\nof the chapter of the Kentucky Administrative Regulations Service\nto which the definitions apply and shall be in the format:\n\"Definitions for (title number) KAR Chapter (chapter number).\"\nc. A definition shall not be included in a definitions administrative\nregulation if the defined term is not used in an administrative\nregulation in that specific chapter or the material incorporated by\nreference in an administrative regulation in that chapter.\n4. In the text of an administrative regulation, the word defined in the\ndefinitions section, rather than the definition, shall be used.\n5. Definitions shall be used only:\na. When a word is used in a sense other than its dictionary meaning,\nor is used in the sense of one (1) of several dictionary meanings;\nb. To avoid repetition of a phrase; or\nc. To limit or extend the provisions of an administrative regulation.\n6. Definitions shall not establish requirements or standards;\n(f) If a word has the same meaning as a phrase, the word shall be used;\n(g) The present tense and the indicative mood shall be used. Conditions precedent\nshall be stated in the perfect tense if their happening is required to be\ncompleted;\n(h) The same arrangement and form of expression shall be used throughout an\nadministrative regulation, unless the meaning requires variations;\n(i) \"If\" or \"except\" shall be used rather than \"provided that\" or \"provided,\nhowever.\" \"If\" shall be used to express conditions, rather than the words\n\"when\" or \"where\";\n(j) A word importing the masculine gender may extend to females. A wor d\nimporting the singular number may extend to several persons or things;\n(k) Any reference in an administrative regulation to \"medical doctor,\" \"M.D.,\" or\n\"physician\" shall be deemed to include a doctor of osteopathy or D.O., unless\neither of those terms is specifically excluded;\n(l) An administrative body shall use the phrases specified in this subsection:\nDo Not Use:     Use:\nAnd/or      \"and\" for a conjunctive\n\"or\" for a disjunctive\nAny and all     either word\nAs provided in this\nadministrative regulation  ----\nAnd the same hereby is   is\nEither directly or indirectly   ----\nExcept where otherwise   State specific\nprovided      exemption.\nFinal and conclusive    final\nFull force and effect    force or effect\nIn the event that; In case   if\nIncluding but not    State the specific items\nlimited to       to be included.\nIs authorized; Is empowered   may\nIs defined and shall be\nconstrued to mean   means\nIs hereby required to    shall\nIt shall be lawful     may\nLatin words     Do not use unless medical or\nscientific terminology.\nHowever, \"et seq.\" may\nbe used for citations.\nNull and void and of no effect  void\nOrder and direct     either word\nProvision of law     law\nUntil such time as    until\nWhenever      if;\n(m) 1. Unless the authority for an administrative regulation is an appropriation\nprovision that is not codified in the Kentucky Revised Statutes, the\nspecific chapter and section number of the Kentucky Revised Statutes\nauthorizing the promulgation of an a dministrative regulation shall be\ncited.\n2. a. If an act has not been codified in the Kentucky Revised Statutes at\nthe time an administrative regulation is promulgated, or if the\nauthority is any branch budget bill, the citation shall be as follows:\n\"(year) Ky. Acts ch. (chapter number), sec. (section number).\"\nWhen an act has been codified, the administrative body shall notify\nthe regulations compiler of the proper citation in writing. Upon\nreceipt of the written notice, the regulations compiler shall corr ect\nthe citation.\nb. For acts of extraordinary sessions, the citation shall be as follows:\n\"(year) (Extra. Sess.) Ky. Acts ch. (chapter number), sec. (section\nnumber).\" If there is more than one (1) extraordinary session of the\nGeneral Assembly in the year, the citation shall specify the specific\nextraordinary session, as follows: \"(year) (2d Extra. Sess.) Ky.\nActs ch. (chapter number), sec. (section number).\"\n3. When an act has been codified, the administrative body shall notify the\nregulations compiler of the proper citation of the Kentucky Revised\nStatutes in writing. Upon receipt of the written notice, the regulations\ncompiler shall correct the citation.\n4. If the statutory authority is an appropriation act, the citation shall be as\nfollows: \"(year) Ky. Acts ch. (chapter num ber), Part (part and subpart\nnumbers).\"\n5. If the authority is an executive order, the citation shall be as follows:\n\"EO (year executive order issued)-(number of executive order)\";\n(n) If the statutory authority is a federal statute, the citation shall be the:\n1. United States Code (U.S.C.), if it has been codified; or\n2. Public Law (Pub. L.) and official session laws, if it has not been\ncodified;\n(o) 1. If the statutory authority is a federal regulation codified in the Code of\nFederal Regulations, the cita tion shall include the title, part, and section\nnumber, as follows: \"(title number) C.F.R. (part and section number).\"\n2. a. If the statutory authority is a federal regulation that has not been\ncodified in the Code of Federal Regulations, the citation shall be to\nthe Federal Register, as follows: \"(volume number) Fed. Reg.\n(page number) (effective date of the federal regulation) (section of\nCode of Federal Regulations in which it will be codified).\"\nb. When the federal regulation is codified, the citation s hall be\namended to read as provided by subparagraph 1. of this paragraph.\n3. a. If the statutory authority is a federal regulation that has been\namended, and the amendment is not reflected in the current issue\ndate of the volume of the Code of Federal Regu lations in which\nthe federal regulation is codified, the citation shall be to the\nFederal Register as follows: \"(federal regulation that has been\namended), (volume number) Fed. Reg. (page number) (effective\ndate of the amendment).\"\nb. When the amendment is  codified in the appropriate volume of the\nCode of Federal Regulations, the citation shall be amended to read\nas provided by subparagraph 1. of this paragraph;\n(p) Citations of items in the \"RELATES TO\" paragraph of an administrative\nregulation shall compl y with paragraphs (m), (n), and (o) of this subsection;\nand\n(q) An administrative regulation may cite the popular name of a federal or state\nlaw if the first usage of the popular name in that administrative regulation is\naccompanied by the citation required by this subsection.","path":["KRS Chapter 13A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45161","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:30Z","sha256":"0eebe8b6964adc2a9fac1b5cb0bb434d109f28d8ca0017a162744ac717e5715d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13a.221","next":"us-ky/krs-13a.223"},"notice":"GroundRules: Original legal text. Not legal advice."}