Each section must be properly numbered to include the agency's code letter designation followed by the rule's chapter and section number. For example, "s. DHS 163.10” indicates a section of a rule of the Department of Health Services that appears in ch. DHS 163.
. A section may be divided into "subsections,” which are designated by numerals enclosed in parentheses: "(1)”.
. A subsection may be divided into "paragraphs,” which are designated by lower-case letters enclosed in parentheses: "(a)”. However, the capital letter "L” is used to distinguish the letter from the numeral one.
A paragraph may be further divided into "subdivisions,” which are designated by a number followed by a period: "1.”
1.03(2)(f)(f) Further divisions
. Further division beyond the subdivision level should be avoided whenever possible. In most situations, material can be rearranged so that it is not necessary to use any further division. However, if it is necessary, "subdivision paragraphs” may be created with lower-case letters followed by a period: "a.” Subdivision paragraphs may not be further divided.
1.03(3)(3) Introductory material.
When dividing a unit of a rule into subunits that consist of a series of items, it may be necessary to precede the subunits with introductory material. The introductory material always ends in a colon and leads into the subunits. Each subunit following an introduction should form a complete sentence when read with the introduction. The introduction is designated "(intro.)” and usually contains words like "all of the following” or "any of the following”.
RL 8.01 An applicant shall be granted a license if the applicant satisfies all of the following conditions:
(1) Two years of post-secondary education at any of the following:
(a) A college or university.
(b) A technical college.
(2) One year of apprenticeship.
NOTE: In this example, the material after "RL 8.01” and before the first colon is referred to as "s. RL 8.01 (intro.)”. If a rule amends only that portion of s. RL 8.01, the treatment clause should read "RL 8.01 (intro.) is amended to read:”. If a rule amends only the material after the (intro.), the (intro.) should not be shown.
Subsection (1) in the example is divided into three parts. The material after "(1)” and before the second colon is referred to as "s. RL 8.01 (1) (intro.).” The three parts of sub. (1) are sub. (1) (intro.), par. (a), and par. (b).
Punctuation at end of subunits
When drafting rule text, all subunits of a rule should end with a period, rather than a comma or semicolon or the word "and” or "or” (except
for introductory material which, as noted in sub. (3), ends in a colon). This facilitates future insertion or deletion of subunits without having to move the word "and” or "or” in the next-to-the-last subunit.
Inserting new provisions; renumbering
When inserting new rule sections (or smaller subunits) into existing rule provisions, it is generally best to avoid renumbering the existing rule sections or subunits, except as described in par. (c), below. Renumbering impairs the ability to trace a provision's history and may result in ambiguity or error. It is also best to avoid renumbering any unit to eliminate a gap in numbering or to otherwise reuse a previously existing number that is eliminated by repeal. The reuse of numbers can cause confusion as to whether the current or previous provision is being referred to and may lead to erroneous cross-references.
The use of the decimal system allows for the convenient insertion of new rule sections or subunits in their proper numerical location without the necessity of renumbering existing rule sections or subunits. For example, if it becomes necessary to insert a new rule section between s. ATCP 10.03 and s. ATCP 10.04, the new section should be numbered s. ATCP 10.035. Furthermore, new subsections or paragraphs may be created and inserted between two existing subsections or paragraphs by merely adding a lower-case letter after the numeral or letter previously used. For example, "(2m)” should be used for a single subsection inserted between subs. (2) and (3), and "(am)” should be used for a single paragraph inserted between pars. (a) and (b).
NOTE: To leave the most space for future insertions under alphabetic numbering use the following letters:
One insertion: m
Two insertions: g r
Three insertions: e m s
Four insertions: d h p t
Five insertions: c g n r w
Six insertions: c g l p t x
Seven insertions: b f k p s w y
Eight insertions: b e h l p r u y
For example, if two new subsections are inserted between subs. (3) and (4), they should be numbered subs. (3g) and (3r).
Renumbering is appropriate to do any of the following:
Provide space for a large quantity of new material.
Locate old material near new material on the same subject.
Relocate inappropriately placed material that may be easily overlooked or whose applicability may be in question in its current location.
Insert an initial item into a series to maintain a time sequence or alphabetical order.
Maintain outline format when all but one subunit of a unit is being renumbered or repealed.
If renumbering is done, cross-references to the renumbered provision must be amended accordingly. [See s. 1.07 (1) (c), Manual.]
Arrangement of rule text.
. The text of a rule-making order is divided into sequentially numbered Sections
(denoted as Section
2, and so forth) and each decimal-numbered rule provision treated in the rule-making order generally is placed in a separate Section
of the order. The Sections
are arranged according to the numerical order of the decimal-numbered rule provision being treated, as it appears in the Administrative Code at the time of drafting or, in the case of a newly created provision, in the order in which it will appear in the Code.
begins with a treatment clause that cites the rule provision being treated and the type of treatment being made to the affected provision. For example, "Adm 1.01 is created to read:” is a treatment clause. As described in ss. 1.055 to 1.068, Manual, rule provisions may be created; amended; repealed; repealed and recreated; renumbered; renumbered and amended; or consolidated, renumbered, and amended.
Except in the case of a repeal or a renumbering, the treatment clause is followed by the text of the treated rule provision, set forth in a separate paragraph. The text of the rule provision should only include provisions that are treated in the
and should not include untreated provisions. For example, if s. DHS 163.10 (1) (a) 1. is amended, only the text of subd. 1. should appear in the Section.
The text of sub. (1) (intro.) and par. (a) (intro.) should not appear in the Section
. [See also s. 1.05 (3) (c)
When a series of consecutively numbered rule sections are affected in their entirety by the same treatment, the affected rule sections may be included in a single Section
of the draft.
Section 1. Adm 1.03, 1.04, and 1.05 are amended to read:
Adm 1.03 (text)
Adm 1.04 (text)
Adm 1.05 (text)
A repeal, a repeal and recreation, or a renumbering and amendment of consecutively numbered rules sections may be included in the same Section
of the rule-making order.
Section 1. Adm 2.01 and 2.02 are repealed. (No text shown.)
- OR -
Section 1. Adm 2.01 and 2.02 are repealed and recreated to read:
Adm 2.01 (text)
Adm 2.02 (text)
Section 1. Adm 2.01 and 2.02 are renumbered Adm 2.16 and 2.17 and amended to read:
Adm 2.16 (text)
Adm 2.17 (text)
- OR -
Section 1. Adm 2.01 and 2.02 are renumbered Adm 2.16 and 2.17 and Adm 2.17 (2), as renumbered, is amended to read:
Adm 2.17 (2) (text)
When a number of rule sections are affected in their entirety by the same treatment but are not consecutively numbered, those sections may not be included in a single Section
of the rule-making order.
Section 1. Adm 3.01 and 3.02 are amended to read:
Adm 3.01 (text)
Adm 3.02 (text)
Section 2. Adm 3.04 is amended to read:
Adm 3.04 (text)
When two or more subsections, paragraphs, subdivisions, or subdivision paragraphs of the same rule section are affected by the same treatment, they may be included in the same Section
of the rule-making order even though there are unaffected subunits intervening. Do not place nonconsecutive subunits in the same S
if an intervening subunit is affected by a different treatment.
Section 1. Adm 20.02 (1), (2) (a) and (5) (c) 3. are amended to read:
Adm 20.02 (1) (text)
(2) (a) (text)
(5) (c) 3. (text)
When parts of a rule section are renumbered to a different rule section and some of the subunits within the section are internally renumbered, this may be done in one Section
by showing each of the subunits as they are currently numbered and then showing how they will be renumbered.
Section 1. DHS 144.09 (title), (1) (a), (b), and (c) and (2) are renumbered DHS 144.065 (title), (1) (b), (c), and (d) and (2).
1.04(2)(b)(b) Different treatment.
When two or more subsections, paragraphs, subdivisions, or subdivision paragraphs of the same rule section are affected by different treatments, each is treated separately, in numerical order, in separate Sections
of the rule-making order.
1.04(2)(c)(c) Sequence of treatment.
When a rule section is to be renumbered, the present rule section number, as opposed to the proposed new section number, determines the sequence of treatment in the rule-making order.
1.05(1)(1) Use of titles
. All rule chapters, subchapters, and sections must have titles. Titles to any unit of a rule are not part of the substance of the rule itself. If titles are also used for any subsection, paragraph or subdivision, titles should be utilized in a consistent manner; for example, if any subsection of a particular rule section is titled, then all of the subsections in that section should be titled. No units may be given titles unless the immediately higher units also have titles. For example, in order to have paragraph titles, titles should also be created for all subsections in the affected section. Titles may not be used for subdivision paragraphs.
1.05(2)(2) Title format
. For drafting purposes:
Chapter and subchapter titles are centered and written in solid capital letters as follows:
CHAPTER DHS 61
COMMUNITY MENTAL HEALTH, DEVELOPMENTAL DISABILITY AND ALCOHOLISM AND OTHER DRUG ABUSE SERVICES
COMMUNITY MENTAL HEALTH PROGRAMS
Section titles are written with an initial capital letter and in bold print; for example, DHS 61.71 Inpatient program standards
Subsection titles are written in solid capital letters; for example, DHS 61.71 (2) Program content
Paragraph titles are written with an initial capital letter and italicized; for example, DHS 61.71 (2) (a) Therapeutic milieu
Subdivision titles are written with an initial capital letter and are enclosed in single quotation marks; for example, DHS 61.71 (2) (a) 2. `Staff functions.'
1.05(3)(3) Amending or creating titles
If a title is being amended or created for a rule provision that is not otherwise revised, the citation to the rule provision and the notation "(title)” should be included in the enumeration of provisions treated (see s. 1.02 (1) (a)
, Manual) as follows: "…
to amend ATCP 1.01 (title)…
” or "…
to create ATCP 1.02 (title)
,” as appropriate. In addition, in a rule Section
, the citation to the rule provision and the notation "(title)” should be included in the treatment clause and rule text as follows: