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The passive voice is appropriate when the actor is unknown, unimportant, or obvious. This does not usually apply in regulatory text.

Principles of Clear Writing

1. Write in the active voice. The active voice eliminates confusion by forcing you to name the actor in a sentence. This construction makes clear to the reader who is to perform the duty.

The passive voice makes sentences longer and roundabout. Who is responsible is much less obvious. Passive verbs have a form of the verb to be plus the past participle of a main verb.

am is are was were be been

plus

a main verb usually ending in "en" or "ed".

Examples of passive verbs:

· was received,

· is being considered,

· has been selected.

The passive voice reverses the natural, active order of English sentences. In the following passive example the receiver of the action comes before the actor.

Passive: The regulation [receiver] was written [verb] by the drafter [actor].

Active: The drafter [actor] wrote [verb] the regulation [receiver].

Passive constructions are confusing when used in regulations. Active sentences must have actors, but passive ones are complete without them.

The material will be delivered. By whom?
The start date is to be decided. By whom?
The figures must be approved. By whom?

Putting the actor before the verb forces you to be clear about responsibility.

· The messenger will deliver the material.

· The contractor will decide the start date.

· The administrator must approve the figures.

The passive voice is appropriate when the actor is unknown, unimportant, or obvious. This does not usually apply in regulatory text.


· Small items are often stolen.

· The applications have been mailed.

2. Use action verbs.

Avoid words like this:

DON'T SAY SAY
give consideration to consider
is applicable to applies to
make payment pay
give recognition to recognize
is concerned with concerns

They are called "nominals" -- nouns with verbs inside. They are hard to read and make sentences longer. Action verbs are shorter and more direct.

3. Use "must" instead of "shall".

shall imposes an obligation to act, but may be confused with prediction of future action
will predicts future action
must imposes obligation, indicates a necessity to act
must not indicates a prohibition
should infers obligation, but not absolute necessity
may indicates discretion to act

To impose a legal obligation, use "must."

To predict future action, use "will."

DON'T SAY: The Governor shall approve it.

SAY: The Governor must approve it. [obligation]

OR: The Governor will approve it. [future action]

4. Be direct. Talk directly to your readers. Use the imperative mood. Regulations lend themselves to this style, especially procedures, how-to instructions, and lists of duties.

Directness avoids the passive voice:

SAY: Sign all copies.

SAY: Attach a copy of your W-2 to your return.



This style results in procedures that are shorter, crisper, and easier to understand.

5. Use the present tense. A regulation of continuing effect speaks as of the time you apply it, not as of the time you draft it or when it becomes effective. For this reason, you should draft regulations in the present tense. By drafting in the present tense, you avoid complicated and awkward verb forms.

DON'T SAY: The fine for driving without a license shall be $10.00.

SAY: The fine for driving without a license is $10.00.

6. Write positively. If you can accurately express an idea either positively or negatively, express it positively.

DON'T SAY: The Governor may not appoint persons other than those qualified by the Personnel Management Agency.

SAY: The Governor must appoint a person qualified by the Personnel Management Agency.

A negative statement can be clear. Use it if you're cautioning the reader.

DON'T WALK
DON'T SMOKE
But avoid several negatives in one sentence.

DON'T SAY: A demonstration project will not be approved unless all application requirements are met.

SAY: A demonstration project will be approved only if the applicant meets all requirements.

It's better to express even a negative in positive form.

DON'T SAY SAY
not honest dishonest
did not remember forgot
did not pay any attention to ignored
did not remain at the meeting left the meeting
did not comply with or failed to comply with violated

7. Avoid use of exceptions. If possible, state a rule or category directly rather than describing that rule or category by stating its exceptions.

DON'T SAY: All persons except those 18 years or older must...

SAY: Each person under 18 years of age must...

However, you may use an exception if it avoids a long and cumbersome list or elaborate description. When you use an exception, state the rule or category first then state its exception.

DON'T SAY: Alabama, Alaska,... and Wyoming (a list of 47 states) must ration...

SAY: Each state except Texas, New Mexico, and Arizona must ration... (Note that the category "each State" is established first and then the exceptions are stated.)

8. Avoid split infinitives. The split infinitive offends many readers, so avoid it if you can.

DON'T SAY: Be sure to promptly reply to the invitation.

SAY: Be sure to reply promptly to the invitation. or SAY: Be sure to reply to the invitation promptly.

9. Use the singular noun rather than the plural noun. To the extent your meaning allows, use a singular noun instead of a plural noun. You will avoid the problem of whether the rule applies separately to each member of a class or jointly to the class as a whole.

DON'T SAY: The guard will issue security badges to the employees who work in Building D and Building E.

SAY: The guard will issue a security badge to each employee who works in Building D and each employee who works in Building E.

unless you mean
The guard will issue a security badge to each employee who works in both Building D and Building E. (There are other possible meanings.)

10. Be consistent. Don't use different words to denote the same things. Variation for the sake of variation has no place in regulation writing. Using a synonym rather than repeating the precise term you intend just confuses the reader.

DON'T SAY: Each motor vehicle owner must register his or her car with the Automobile Division of the Metropolitan Police Department.

SAY: Each automobile owner must register his or her automobile with the Automobile Division of the Metropolitan Police Department.


Date: 2016-04-22; view: 991


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