Regulationsmay

Regulationsmay is a term used in regulatory drafting and legal linguistics to describe the permissive use of the modal verb "may" within regulatory texts. It denotes the discretionary authority granted to agencies to issue or modify rules under a given statute. The term is not an official legal category, but a concept employed to analyze how flexibility and constraint interact in rulemaking.

The idea rests on the observation that phrases such as "the agency may promulgate regulations" or "regulations may be issued to implement this Act" signal that rulemaking is not mandatory in every case. The presence of "may" contrasts with mandatory language like "shall" or "must" and is often paired with procedures such as public notice and comment, which frame the discretion rather than eliminate it.

Usage and implications. Regulationsmay can foster adaptability, allowing regulators to tailor rules to evolving circumstances, technical advances, or new evidence. However, extensive reliance on permissive language can create uncertainty for stakeholders and inconsistent application if the discretionary boundaries are unclear or poorly defined. Judicial interpretations may then proceed to constrain or expand regulatory latitude.

Drafting considerations. Proponents of precise drafting advocate supplementing "may" with clear criteria, standards, or triggers for rulemaking, including timelines, sunset provisions, or objective thresholds. This aims to balance flexibility with accountability, reducing ambiguity while preserving regulatory agility.

See also. Regulatory discretion, administrative law, statutory interpretation, regulatory drafting.