NOTE: See "Numbering of Sections" from the LRB Bill Drafting Manual, which contains an extensive discussion of numbering and renumbering provisions and may be accessed from the electronic version of this Manual at:
1.041.04 Arrangement of rule text. 1.04(1)(1) General
. 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. Rule provisions may be created, amended, repealed, repealed and recreated, renumbered, or renumbered and amended, as described in ss. 1.055 to 1.067, Manual. 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.
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 Adm 2.01 and 2.02 are repealed.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 Adm 2.01 and 2.02 are repealed and recreated to read: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 Section
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.
. 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:
Section __. ATCP 1.01 (title) is amended to read:
ATCP 1.01 (title) Grass for cows
Section __. ATCP 1.02 (title) is created to read:
ATCP 1.02 (title) Grass for horses.
Titles to units of a rule are amended by use of strike-throughs and underscores. Titles to units of a rule are created without strike-throughs and underscores.
If a rule provision containing a title is amended, the title is shown even if it is not amended. If a rule provision not containing a title is amended, the title of any larger unit of which the provision is a part is not shown; however, the title of the larger unit is shown if the amended provision is introductory material that is immediately preceded by the title.
1.0551.055 Creating new provisions. 1.055(1)(1)
When creating a rule provision, place the new material in the most appropriate location using the numbering system discussed in s. 1.03
, Manual. Rearrange and renumber existing material only when necessary to structure the resulting rule in a logical manner and avoid misinterpretation of the rule.
The text of a newly created rule provision is shown as it will appear after promulgation, without strike-throughs and underscores.
1.057 Repealing provisions. A repeal is used to eliminate an entire rule section or subunit, chapter, or subchapter. When repealing an existing rule provision, the repealed provision is cited in the treatment clause and no rule text is shown.
EXAMPLE: "Section __. ATCP 10.01 is repealed."
1.061.06 Amending provisions. 1.06(1)(1) Striking and underscoring
When amending a current rule provision, language to be removed is stricken-through (stricken-through
) and new material to be inserted is underscored (underscored
). When material is deleted and other material is inserted in the same location, the new underscored material always immediately follows the stricken material. Even if the stricken material consists of more than one sentence, the new underscored material that replaces the stricken material is inserted at the end of all stricken material.
Underscoring is not used when creating an entire rule unit; strike-throughs are not used when repealing an entire rule unit.
1.06(2)(2) Amending a word
. When a single word is amended, the existing word is stricken in its entirety and the new word is underscored immediately after the strike-through.
EXAMPLES OF INCORRECT AND CORRECT STYLES:
1.06(3)(3) Changing the beginning of a sentence
. When language at the beginning of a sentence is stricken and the sentence begins with a word in the sentence, strike-through all words at the beginning of the sentence including the first word of the recreated sentence. Immediately after the strike-through, recreate the same word beginning with a capital letter and underscore the word.
EXAMPLE OF INCORRECT STYLE:
ER 29.03 (2) (b) In any reinstatement when an employee
who has obtained permanent status in class is required to serve . . . .
EXAMPLE OF CORRECT STYLE:
ER 29.03 (2) (b) In any reinstatement when When an employee who has obtained permanent status in class is required to serve . . . .
. Periods are usually preserved in material being amended. Periods are not stricken or underscored unless a new sentence is created, an old sentence is eliminated, or two or more existing sentences are combined.
1.0651.065 Repealing and recreating provisions.
If major changes are being made to an existing rule provision, the existing provision may be repealed and recreated rather than amended. This eliminates the previously existing language and replaces it with new language shown in the rule-making order. Use "repeal and recreate" only when intending to repeal an existing provision and create a new provision in its place. The text of a repealed and recreated rule should be shown as it will appear after promulgation, without strike-throughs and underscores. Note that a drawback of repealing and recreating rule provisions is that only the newly created text is shown, and not the changes to existing text.
1.0671.067 Renumbering provisions.
Rule sections or subunits may be renumbered to reorganize existing material. Whole sections may be renumbered for more logical placement within a rule chapter or can be moved to a different chapter. Subunits of sections may be moved within their current section or to a different section. Renumbered sections may be amended in the same Section
of a rule-making order in which they are renumbered. If a provision is renumbered without amendment, the renumbering is described in the treatment clause and no text is shown. If a provision is renumbered and amended, the renumbering and amendment are listed in the treatment clause and the amended text is shown under the new number.
EXAMPLE: Section __. ATCP 1.01 (1) is renumbered ATCP 1.37 (3) (no text shown).
EXAMPLE: Section. __. ATCP 1.01 (1) is renumbered ATCP 1.37 (3) and amended to read:
ATCP 1.37 (3) (insert amended text using strike-throughs and underscores).
1.07 References to other provisions; citations.