29 Del. Admin. Code § 101-6.0 - Regulation Drafting Manual; Underscoring and Striking Out

6.1 Drafting Manual

6.1.1 An agency shall follow the guidelines for drafting regulations set out in the Regulation Drafting Manual.

6.1.2 The Regulation Drafting Manual is available in hardcopy from the Division and can be found online at: http://regulations.delaware.gov/services/style_manual.shtml.

6.2 An agency shall request the official regulation text from the Registrar prior to drafting and filing regulation changes.

6.3 Underscoring and Striking Out

6.3.1 An agency shall underscore language to be added and strike out language to be deleted in changes in proposed regulations, emergency regulations, and nonsubstantive changes.

6.3.2 When an agency proposes to make a new regulation or section, the entire proposed text shall be underscored.

6.3.3 Repealing a Regulation

6.3.3.1 When an agency proposes to repeal a complete regulation, it shall include as part of the information provided in the regulation public notice or final order a brief summary of the deleted language and a brief explanation of why the regulation is being repealed.

6.3.3.2 The agency shall file with the regulation public notice or final order a copy of the text to be deleted in one of the following formats:

6.3.3.2.1 Each page annotated "repealed in its entirety"; or

6.3.3.2.2 The entire text struck out in its entirety.

6.3.3.3 The Registrar may refuse to publish the full text of repealed regulations unless space is available within the page limits of the Register.

6.4 When an agency fails to mark a change as described in this section, the Registrar may refuse to codify the change. When determining whether or not to codify an unmarked change, the Registrar shall consider:

6.4.1 Whether the unmarked change is substantive or nonsubstantive; and

6.4.2 If the purpose of public notification has been adequately served.

6.5 The Registrar's refusal to codify an unmarked change means that the change is not operative for the purposes of 29 Del.C. Ch. 101 and that the agency must comply with regular administrative rulemaking procedures to make the change.

Notes

29 Del. Admin. Code § 101-6.0