Drafting Guidelines Sample Clauses

Drafting Guidelines. Rules must be "clear, concise and understandable" before they can be approved by GRRC or the Attorney General. A.R.S. § 41-1052(D)(4) and A.R.S. §41-1044(B)(2). To meet that standard, virtually every word in a rule must be clear, concise and understandable. General writing guidelines are provided in the paragraphs that follow. Under A.R.S. § 1-213, words and phrases are construed according to the common and approved use of the language. Technical words and phrases and those that have acquired a special meaning in the law are construed according to their technical or special legal meaning. Id. Any word that an agency uses in a rule to mean something other than its common and approved (dictionary) use or its special meaning in the law must be defined specifically in the rule. Terms that are defined by statute have the same meaning in a relevant rule and should not be redefined. To meet the APA requirement that a rule be clear, concise, and understandable, the rule must prescribe or proscribe conduct with words that establish an objectively ascertainable standard. Words and phrases such as "when appropriate," "if necessary," "when proper," unless further defined in the rule, fail to establish an objectively ascertainable standard. One of the primary purposes of rule-making is to inform the public of the agency's standards, its procedures, and the criteria upon which it will exercise its discretion. Rules that contain statements such as "unless waived by the agency" or "unless approved by the director" fail to set a clear standard. These terms are acceptable only if the rule contains the criteria for obtaining a waiver or approval. A rule must not contain words or terms such as "should," or "to the extent possible." These terms are vague and unenforceable. The following are specific examples of proposed rules that fail to meet the standard of "clear, concise and understandable": Proposal: Environmental laboratories shall have a safety plan. Problems: The rule must prescribe the requirements of the safety plan; use of passive voice; need to state who is responsible. Proposal: A laboratory shall design laboratory and storage areas such that the potential for sample contamination is minimized. Problems: The rule must prescribe an objective minimum standard for sample contamination; avoid use of passive voice and clearly state who is responsible for the activity -- a laboratory is inanimate and incapable of designing areas; inappropriate use of “such.” Proposal: T...
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