Adm 2.01 (text)

Adm 2.02 (text)

- OR-

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)

1.04(2)(a)3. 3. 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.

EXAMPLE:

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)

1.04(2)(a)4. 4. 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.

EXAMPLE:

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)

1.04(2)(a)5. 5. 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.

EXAMPLE:

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 1.05 Titles.

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) Format. For drafting purposes:

1.05(2)(a) (a) 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

and

SUBCHAPTER II

COMMUNITY MENTAL HEALTH PROGRAMS

1.05(2)(b) (b) Section titles are written with an initial capital letter and in bold print; for example, DHS 61.71 Inpatient program standards.

1.05(2)(c) (c) Subsection titles are written in solid capital letters; for example, DHS 61.71 (2) Program content.

1.05(2)(d) (d) Paragraph titles are written with an initial capital letter and italicized; for example, DHS 61.71 (2) (a) Therapeutic milieu.

1.05(2)(e) (e)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.

1.05(3)(a) (a) 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 pigs.

Section __. ATCP 1.02 (title) is created to read:

ATCP 1.02 (title) Grass for horses.

1.05(3)(b) (b) 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.

1.05(3)(c) (c) 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.

1.055 1.055 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.

1.055(2) (2) The text of a newly created rule provision is shown as it will appear after promulgation, without strike-throughs and underscores.

1.057 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."

1.06 1.06 Amending provisions.

1.06(1) (1) Striking and underscoring.

1.06(1)(a) (a) 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.

1.06(1)(b) (b) 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:

Incorrect:	Correct:
section.	Section s.
sections.	sections ss.
subchapter.	subchapter subch.
miles	mile miles

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 . . . .

1.06(4) (4) Periods. 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.

1.065 1.065 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.

1.067 1.067 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 1.07 References to other provisions; citations.

1.07(1) (1) General.

1.07(1)(a) (a) Do not use general terms, such as "et. seq.," "this provision," "this rule," "of the code," or "of this chapter" when making references to another rule or part of a rule. Make the references specific.

1.07(1)(b) (b) It is not necessary to reproduce chapter, section, or subsection titles in a reference in the text of a rule; just use the numerical reference.

1.07(1)(c) (c) When existing rules are renumbered, repealed, or repealed and recreated, carefully review other rules that contain references to the revised rules and make any needed cross-reference changes by referring to the Administrative Code Cross-Reference Manual that may be accessed at: http://legis.wisconsin.gov/rsb/code.htm. Search for the whole section number of the cite being affected, including the acronym (ex., ATCP 10.01). Revise all references located in your agency's code as necessary, including in chapters not otherwise affected by the rule. Inform LRB of any cross-references in codes promulgated by other agencies.

1.07(2) (2) Internal and external references. Differing format is used for internal and external references. An internal reference is a reference to another portion of the Administrative Code that is within the same unit as the portion where the reference occurs, thus making a fully concise citation unnecessary. For example, "ATCP 1.01 (1) (b)" is an internal reference when referred to in other portions of ATCP 1.01. An external reference is a reference to portions of the code outside of the portion containing the reference, thus necessitating a full, precise citation in order to achieve accuracy. Examples of the recommended format for internal and external citations are as follows:

Citation	Internal	External
Statutes	–––––	s. 15.01, Stats.
Rules chapters	this chapter	ch. ATCP 14
Rules subchapters	this subchapter	subch. IV [same chapter], subch. IV of ch. ATCP 14 [different chapter]
Rules sections	this section	s. ATCP 14.24
Rules subsections	this subsection	s. ATCP 14.24 (2) [different section], sub. (2) [same section]
Rules paragraphs	this paragraph	s. ATCP 14.24 (2) (a) [different section], sub. (2) (a) [different subsection], and par. (a) [same subsection]
Rules subdivisions	this subdivision	s. ATCP 14.24 (2) (b) 3. [different section], sub. (2) (b) 3. [different subsection], par. (b) 3. [different paragraph], and subd. 3. [same paragraph]
Rules subdivision paragraph	this subd. 3. a.	s. ATCP 14.24 (2) (b) 3. a. [different section], sub. (2) (b) 3. a. [different subsection], par. (b) 3. a. [different paragraph], and subd. 3. a. [different subdivision or same subdivision]
Alternative	this subsection or sub. (2) [reference is in sub. (1)]	sub. (1) or (2) [same section], s. ATCP 14.18 (1) or (2) [different section]
Plural	this subsection and sub. (2) [reference is in sub. (1)]	subs. (1) and (2) [same section], s. ATCP 14.18 (1) and (2) [different section]
Consecutive series	subs. (1) to (5)	s. ATCP 14.18 (1) to (5)

NOTE: References to "Wis. Adm. Code" should not be used when making external references. For example, a reference to "s. ATCP 14.24 (1)" clearly refers to the Administrative Code and not the statutes, because the number "14.24 (1)" is preceded by "ATCP." Material relating to "ATCP" can only be found in the Wisconsin Administrative Code and not in the statutes.

1.07(3) (3) Federal statutes and regulations.

1.07(3)(a) (a) When citing a federal law, use the U.S. Code reference; for example, 42 USC 1396a (a) (13). If an agency wishes to include a reference to a Public Law or a named federal act, this may be done in a note. An exception to this citation requirement is permitted for citations to the Internal Revenue Code, which is a term that is defined in the statutes. When citing a provision in the Internal Revenue Code, cite either the U.S. Code provision or a section of the Internal Revenue Code, as defined in either s. 71.01 (6) or 71.22 (4), Stats.

1.07(3)(b) (b) When citing a federal regulation that is currently in force, use the Code of Federal Regulations citation; for example, 22 CFR 13.2.

NOTE: See s. 2.08, Manual, for the use in rules of the incorporation, by reference, of standards established by technical societies and organizations of recognized national standing.

1.08 1.08 Repetition of language.

1.08(1) (1) Statutory language. Avoid unnecessary repetition of statutory language. Statutory language may be used if necessary to convey the intent of a particular rule.

1.08(2) (2) Federal regulations. If an agency is required to adopt federal regulations in addition to its own administrative rules to implement a statute, the agency may include the verbatim federal regulations in its rules. The federal regulation language should be clearly indicated to distinguish it from the remainder of the rule.

1.09 1.09 Notes to rules.

1.09(1) (1) Explanatory material. If it is necessary to clarify a rule by using examples, illustrations, or other explanatory material or if an agency wishes to disclose where or how particular information, including forms, may be obtained, the explanatory material follows the applicable rule provision and is labeled "Note:" or "Example:". Notes may not include substantive requirements and are not part of the substantive law created by rule.

1.09(2) (2) Creating, repealing, and amending notes. If a note is created, repealed, or amended, that action should be included in the enumeration of provisions treated (in the introductory clause described in s. 1.02 (1) (a), Manual) and in the proper sequentially numbered rule Section, as shown in the following examples:

1.09(2)(a) (a) To create a note, insert "…to create NR 1.05 (Note)…" in the enumeration of provisions treated. In the rule text, use the following treatment clause: "Section ____. NR 1.05 (Note) is created to read:". Insert the text of the new note, without underscoring, as it is entirely new language.

1.09(2)(b) (b) To repeal an existing note, insert "…to repeal NR 1.05 (Note)" in the enumeration of provisions treated. In the rule text, use the following treatment clause: "Section ___. NR 1.05 (Note) is repealed." Do not show the text of the note, as the language is being repealed.