Current through Reg. 49, No. 38; September 20, 2024
(a) Overview. If
you elect to not use a model contract or waiver, you must prepare a non-model
prepaid funeral benefits contract or a waiver of cancellation rights, whether
in English or Spanish, in plain language designed to be easily understood by
the average consumer. Your proposed non-model document must also be printed or
displayed in an easily readable font and type size. The department is charged
with enforcing these requirements by Finance Code, §
RSA
154.151(d).
(b) Plain language principles for English
documents. The department will consider the extent to which you have
incorporated plain language principles into the organization, language, and
design of a non-model document that you submit for approval. At a minimum, your
proposed non-model document, including an electronic non-model document, should
substantially comply with each of the plain language writing principles
identified in this subsection.
(1) You must
present information in clear, concise sections, paragraphs, and sentences.
Whenever possible, you should use the active voice with strong verbs in short,
explanatory sentences and bullet lists. Passive voice is not banned but should
be used sparingly.
(2) You should
use everyday words whenever possible and avoid the use of legal and highly
technical business terminology. In those instances where no plain language
alternative is apparent, you should explain what the term means when the term
is first used. Use of a defined term may improve readability in such
instances.
(3) You should group
related information together whenever possible to help identify and eliminate
repetitious information.
(4) You
should use first-person plural (we, us, our/ours) and second-person singular
(you, your/yours) pronouns.
(5) You
should make complex information more understandable by using an example
scenario or a "question and answer" format.
(c) Attributes to avoid. The department will
consider the extent to which you avoid the detrimental attributes identified in
this subsection. In preparing your proposed non-model document, you should not:
(1) include a term in definitions unless the
meaning of the term is unclear from the context and cannot be easily explained
in context, or rely on artificially defined terms as the primary means of
explaining information;
(2) use
superfluous words (words that can be replaced with fewer words that mean the
same thing) that detract from understanding;
(3) rely on legalistic or overly complex
presentations;
(4) copy complex
information directly from legal documents, statutes, or rules without a clear
and concise explanation of the material;
(5) unnecessarily repeat information in
different sections of the non-model document; or
(6) use multiple negatives.
(d) Typeface (font). Typefaces
come in two varieties: serif and sans serif. All serif typefaces have small
lines at the beginning or ending strokes of each letter. Sans serif typefaces
lack those small connective lines.
(1) The
text of your proposed non-model document must be set in a serif typeface.
Popular serif typefaces include Times, Scala, Caslon, Century Schoolbook, and
Garamond.
(2) A sans serif typeface
may be used for titles, headings, subheadings, captions, and illustrative or
explanatory tables or sidebars to distinguish between different levels of
information or provide emphasis. Popular sans serif typefaces include Scala
Sans, Franklin Gothic, Frutiger, Helvetica, Ariel, and Univers.
(e) Type size and line spacing.
You must select a type size for your proposed non-model document that is
clearly legible. Minimum type size and line spacing are specified in this
subsection. If other state or federal law requires a different type size for a
specific disclosure or contractual provision, you should set the specific
disclosure or contractual provision in the type size specified by other law.
(1) Typeface size is referred to in points
(pt). Because different typefaces in the same point size are not of equal size,
type size is not strictly defined in this subsection but is expressed as a
minimum size in the Times typeface for visual comparative purposes. Use of a
larger size typeface is encouraged. Generally, the type size must be at least
as large as 10pt in the Times typeface, except the type size must be at least
as large as 9pt in the Times typeface for:
(A) the statement of funeral goods and
services selected, as described in §
RSA
25.3(b) and (c) of this
title (relating to What Requirements Apply to a Non-Model Contract);
and
(B) the consumer inquiries and
complaints disclosure, described in §
RSA
25.3(k) of this
title.
(2) You must use
line spacing that is at least 120% of the type size. For example, a 10pt type
should be set with 12pt leading (two points of additional leading between the
lines).
(3) The department may
approve a smaller type size or denser line spacing than specified in this
subsection in limited circumstances, such as keeping related disclosures
grouped together or satisfying a requirement to keep specified text on a single
page. However, you must offset smaller type size or denser line spacing by use
of other readability enhancements such as a more readable typeface or greater
use of white space through wider margins or divisions between sections of the
document.
(f) Formatting
and design. The department will consider the extent to which your non-model
document uses the plain language formatting and design concepts described in
this subsection.
(1) You should use
left-justified text (text aligned flush on the left, with a loose, or ragged,
right edge) in any paragraph or section of your document that has text lines
exceeding 70 characters in length. If you seek approval of a document
containing any full-justified paragraph or section with text lines exceeding 70
characters in length (text aligned flush on both left and right sides), the
full-justified portions of your proposed document should at a minimum use a
larger type size than specified in subsection (e) of this section. You should
also add other readability enhancements, such as a more readable typeface or
greater use of white space, including wider margins and additional leading
between lines.
(2) The minimum
recommended page size of a proposed non-model contract is 8-1/2 inches by 11 or
14 inches and 8-1/2 inches by 11 inches for a proposed non-model waiver.
However, the page size should ordinarily not be larger than 8-1/2 inches by 17
inches. This paragraph does not apply to a contract in electronic
form.
(3) You must use descriptive
headings and subheadings that are conceptually similar to or match the headings
in the department's model contract.
(4) You may use tabular presentations or
bullet lists to simplify disclosure of complex material. You may also use
pictures, logos, charts, graphs, or other design elements so long as the design
is not misleading and the required information is clear.
(g) Readability statistics. The department
will consider the readability statistics generated by your non-model document
in the tests described in this subsection.
(1) The department's evaluation of your
proposed non-model document will include results of automated readability tests
applied to the complete document, without omission of titles or other
attributes of the document. These tests are commonly available in word
processing software, including Microsoft Word and Corel WordPerfect. Because
mechanical readability formulas do not evaluate the substantive content of a
document, the department will exercise judgment when considering the
readability statistics generated by these tests. However, absent explanatory
circumstances or additional justification persuasive to the commissioner, your
proposed non-model document will ordinarily not be approved if:
(A) over 21% of the sentences are passive in
structure;
(B) the average sentence
length exceeds 19 words;
(C) the
Flesch reading ease score is less than 47.0; and
(D) the Flesch-Kincaid grade level score is
higher than 11.0.
(2) As
part of your application for department approval, you must disclose the
readability statistics you generated in evaluating the final draft of your
proposed document and explain the circumstances and justifications for any
scores outside the parameters expressed in this subsection.
