Overview of the Texas Administrative Code - PrismNettcm/etwr1378/guides/Overview of the Texas... · Overview of the Texas Administrative Code ... Title number 30 ... a particular

Overview of the Texas Administrative Code

Administrative Policy WritingSpring 2011


Introduction Why are we talking about citing to agency regulations? Why do we need to know this? Answer:

Government documents frequently discuss and cite regulations. If you want to be able to read, write, and understand government

documents, you must be able to decipher rule citations. This also applies to professional and technical writers who must cite

to regulations in various technical documents.

As you will see, it is actually pretty easy. Believe it or not, you don’t have to be a lawyer to read regulations.

Before we get into citing rules, let’s look at a couple of government communications. You will see what I mean.


First a REVIEW

Remember, we are talking about agency regulations. Citing statutes is another important topic for government writing. But we just don’t have time for it!

The Texas secretary of state is responsible for publishing the adopted regulations of state agencies in the Texas Administrative Code.

The Administrative Code is the collection of rules that are currently in effect.


First a REVIEW Valid agency rules have the force of law. Remember the difference? Statutes v. Regulations The Texas Administrative Code is a “code” – meaning a

systematically arranged collection or compendium of statutes, rules, or regulations.

Texas statutes are also arranged in a series of codes: Texas Penal Code Texas Occupations Code Texas Local Government Code Texas Property Code

When an agency or regulated industry cites agency rules, the citation is to the Administrative Code.


Citation

Just like other professions, government writers have certain conventions for citing texts.

(Just like APA style or MLA style.)

There is no one “correct” way to cite the rules.

In fact, there is a clear lack of uniformity in the way government agencies and businesses cite rules in the Code.


What follows is an overview of the parts of the TAC and how rules are most typically cited by state agencies.

My goals for this unit:

I want you to be able to navigate the TAC on your own and find rules by looking at a citation.

And write a basic citation to the TAC: the kind you might find in a letter or other government document.


The parts of a rule citation

30 Tex. Admin. Code § 330.9(a).

Title number 30Abbreviations

This symbol means “section”

Chapter 330Section 9

Subsection (a)


Code Abbreviation

The abbreviation “Tex. Admin. Code” is the most commonly used in citation.

However, you will also see agencies simply write “TAC.”

This is like the citation used for the federal counterpart to our Code.

The Code of Federal Regulations.

Abbreviated as CFR.

Federal regulations are codified in the CFR.


Title

Let’s go to the TAC online: http://www.sos.state.tx.us/tac/

The first division of the Administrative Code is into titles.

Each title covers a particular subject-matter.

So, for example, title 22 contains rules adopted by various examining boards (Nursing Board, Vet Board, etc.)

The title number appears first in a citation:

22 Tex. Admin. Code.



Parts

The Code is further divided into a number of partsappearing under each title.

For example, see how title 22 has parts numbered 1, 3, 5, 7, and so on.

What happened to 2, 4, and 6?

These might be placeholders for future rules or rules that were withdrawn from the Code.

The part numbers under each title do not appear in a citation to the Code. But they are useful when looking for a rule.



Chapters

The next level of division is the chapter. So every part of the Code contains one or more chapter.

See, for example, 30 Tex. Admin. Code Chapter 330.

Each chapter deals with a more specific subject-matter: Title 30 includes environmental rules.

Part 1 includes rules of the Texas Commission on Environmental Quality

Chapter 330 includes environmental rules dealing with municipal solid waste (i.e. garbage)



Chapters continued Sometimes a writer wants to cite to an entire chapter rather than

a particular rule when they want to discuss a whole set of regulations contained in that chapter. This is done as follows:

30 Tex. Admin. Code Chapter 330 or 30 TAC Chapter 330.

Otherwise, the chapter number is the next part of the cite to a particular rule.

The chapter appears after a section number symbol (§). You can find it in Microsoft Word under the Insert/Symbol.

However, the section symbol is often omitted. So far we have 30 Tex. Admin. Code § 330


Subchapters

The next level of division is the subchapter. So every chapter has one or more subchapters. These are identified using capital letters.

So title 30, chapter 330 has subchapters A, B, C, and so on.

Each subchapter deals with yet another more specific subject matter.

For example, title 30, chapter 330, subchapter Y contains rules related to medical waste management (a particular kind of municipal solid waste covered in chapter 330).



Subchapters continued

Like titles, subchapters do not appear in standard rule citations, but are sometimes cited as a whole:

“TCEQ rules relating to the management of medical waste are contained in 30 Tex. Admin. Code Chapter 330, Subchapter Y.”


Sections Finally, we reach sections. Every chapter is divided into one or

more sections. The sections are numbers, usually in numerical order (but as

rules are adopted and removed, the numbering may develop holes).

For example, 30 Tex. Admin. Code Chapter 330, Subchapter A begins with Section 1. The next section is 3.

The section number is attached to the chapter after a period. Again, note the citation does not include the part or subchapter.

Just the title, chapter, and section: So the above citation would be 30 Tex. Admin. Code § 330.1. Sections are identified as a particular rules.


Subsections

Most sections are divided into subsections. (However, some sections are short enough to have no subsections.)

But most rules contain many subsections.

Subsections are lower-case letters: (a), (b), (c), etc.

If you are citing to a particular subsection, you simply add the subsection on the string of chapter and section:

330.9(a) means subsection (a) of section 9 of chapter 330.

Subsections usually specify different requirements or scenarios regulated by a particular rule.


Subsections


Multiple subsections

Often, writers want to cite to multiple subsections of a particular section.

The most common way to do this is to use a dash: 30 Tex. Admin. Code § 330.9(a)-(d).

Citations to multiple, non-sequential subsections can be written as follows: 30 Tex. Admin. Code § 330.9(a), (d), and (f).


Paragraphs and beyond Beyond subsections The organization of rules goes beyond subsections, sometimes

way beyond when there is a particularly complicated rule. The next level is called the paragraph. So each subsection may

be divided into paragraphs. Used if a particular subsection itself has multiple requirements

or scenarios. The TAC switches between letters and numbers (like an outline).

So if subsections are letters (a, b, c), then the paragraphs would be numbers (1, 2, 3).

The next level would be capital letters (A, B, C) then roman numerals (i, ii, iii) (Subparagraph and clause).


Note how “recklessness” contains several paragraphs: (1), (2), and (3) under subsection (b).


Putting it all together!

The organization of the TAC:

Titles

Parts

Chapters

Subchapters

Sections

Subsections

Paragraphs

30 Tex. Admin. Code § 330.9(a)(1)


Practice Finding a Citation

Locate this citation: 22 Tex. Admin. Code § 203.39(a).

Notice how you have to perform a little process of elimination when you don’t know the context.

Which part is this rule in? You can’t tell from the citation.

Click around until you find it.

What does it say?


Practice Finding a Citation

One more. This time with some context.

This is a rule of the Texas Lottery Commission.

Specifically regarding the instant game rules.

16 TAC § 401.302(b)(1)

What does it say?


Practice Writing a Citation

Suppose you are a employee of the Nursing Board.

A licensed nurse has written the Board requesting information on Nurse First Assistant Program that allows nurses to assist in surgery.

The following rule contains the Board’s requirements on qualifying for this program.

How would you cite to the requirement concerning the first assistant educational program in a letter responding to the nurse?


One more for the road

The Department of Public Safety (DPS) has adopted regulations on concealed handgun licenses issued by the Department.

Those regulations include certain Proficiency Requirements in 37 Tex. Admin. Code § 6.11.

How would you cite to the requirement that a student must score at least 70% on the written examination and shooting proficiency examination in order to establish proficiency?


Questions?

Comments?

Part I of the Texas Register Project is due on Saturday.

There is a citation exercise (like we did above) due next Saturday (19th).

Part II of the Texas Register Project will also be due on the March 26th. (No writing project over Spring Break.)

In Part II you will narrow position down to a clear for or against. You will then write a business letter addressed to the board expressing your position.

I will post Part II in the next few days.


Overview of the Texas Administrative Code Part II: Citing Agency Rules in Context


Citation in academic work versus government writing In other classes you may have learned that you must

provide a citation as a matter of academic honesty when you are quoting or otherwise using someone else’s ideas in your own work. Example: Romantic poetry is characterized by the

"spontaneous overflow of powerful feelings" (Wordsworth 263).

This is citation in the context of academic work. Its purpose is to give credit to the author of the ideas being used.

An acknowledgement that you are using someone else’s ideas and incorporating them into your own.


Citation in academic work versus government writing

Professional and governmental writing have different purposes.

Last week we said that when a state agency writes a letter to a regulated entity, it will often cite to its rules.

But the purpose is not to give credit to the author of the rules for those ideas.

Rather, it is to establish the authority for the proposition cited.

In other words, a citation in this context is a way of saying “this is the law” not “this is someone else’s idea.”


What part of a rule do you cite?

When citing to an agency rule or statute, you have to decide what specific text you are referring to.

Sometimes a writer wants to refer to an entire regulatory program, like the rules on medical waste, as a whole.

However, when government writers cite to the TAC, they are usually citing to a specific requirement within a rule that is relevant to the matter at issue.

Generally speaking, you should write a citation that takes the reader to the specific subsection or subpart of the rule that contains the text you are citing.


What part of a rule do you cite? Using the rule below, what would you cite for the proposition that

“recklessness” includes a knowing failure to use ordinary care and attention toward the intended result and that failure jeopardizes a person’s safety?


What part of a rule do you cite?

“Under the Architectural Board’s rules, recklessness includes a knowing failure to use ordinary care when a material is employed by an architect and that decision jeopardizes a person’s safety. 30 TAC § 1.143(b)(2).” Note: the cite is not just 1.143(b).

Note: The sentence says “recklessness includes.” A citation to a rule doesn’t have to state everything the rule says. Here, the sentence is not detailing everything that counts as “recklessness” under this rule. The rules says “health, safety, or welfare,” but maybe this author is only concerned with safety.

Note: See how the citation shows the authority for the statement. It is a way of saying “I’m not just making this up!”


How do you cite a rule in a sentence?

Typically, a citation acts as its own sentence following the sentence it cites. Each sentence has its own period.

When you write a citation within the text under APA or MLA style, you make it part of the same sentence.

Notice the difference: Bluebook: TCEQ rules require that owners and operators of underground storage

tanks register their tanks with the commission. 30 Tex. Admin. Code § 334.7(a)(2).

APA: The American Physiological Association style is a difficult citation format for first-time learners (Jones, 1998, p. 199).

MLA: Romantic poetry is characterized by the "spontaneous overflow of powerful feelings" (Wordsworth 263).


How do you cite a rule in a sentence?

However, you can also cite a rule in the text of a sentence:

“Under 30 Tex. Admin. Code Section 334.7, owners and operators must register underground storage tanks with the commission.”

But this can make the sentence more cluttered.

Speaking of cluttered, government writers sometimes move the cites into footnotes.


What does a citation to the rules mean? When you cite to a rule, you are telling the reader that what

appears before the citation is either exactly what a rule says or is an accurate paraphrase.

A citation is improper if it contains extra information or inferences that are not part of the cited text.

This is especially important when a document is applyinga rule to a specific situation (rather than just referencing it).

Should always be clear what the specific facts and what the rule is.

Government writers pay serious attention to citations. They are not an after-thought.


An Example


An Example First notice this is a letter applying a rule to a specific situation. But it

mixes up the rule and the facts.

“It has come to our attention that your license is up for renewal. 20 Tex. Admin. Code § 1.144.”

If we look up 20 Tex. Admin. Code § 1.144 in the TAC, does it say this particular architect’s license is up for renewal?

Of course not.

This sentence is an improper citation.

The writer was being lazy – skipping over an inference: The rule says that licenses are up for renewal ever five years.

Your license will be five years.

Therefore, your license will be up for renewal.


An Example Come on! Is it really necessary to say that in three sentences?

Answer: YES!

An important convention of government writing is to be very explicit and clear about applying rules to facts.

Rules are stated separately. The facts are stated separately. Then a conclusion is drawn.

If you have laid out your rule and your facts, the truth of the conclusion should be clear. This clarity is a goal of governmental writing.

Even if it seems tedious, it is the preferred style.

Go back to the above example: Rule: The rule says that licenses are up for renewal ever five years.

Facts: Your license will be five years old.

Conclusion: Therefore, your license will be up for renewal.


An Example In this way, the conclusion rests upon a logical argument.

The rules and the facts of your situation are the premises of the argument.

In everyday discourse, we don’t state the premises so explicitly. The speed limit is 55 miles per hour

You were traveling in excess of 55 miles per hour.

Therefore, you violated the speed limit.

We would ordinarily just say something like this: You violated the speed limit because it is 55 miles per hour.

But government writing is more formal than everyday discourse.


An Example

How could the licensing letter above be rewritten to

Include a proper citation to the rules and

Use the logical style of rule, facts, conclusion

For this example, I will show you what a better form.




Let’s look at some more real-world examples of government communications that cite agency rules.

two FAQ documents that reference regulations

one Notice of Violation document that appliesregulations.


The first FAQ document was published by the Texas Department of Health and Human Services on obtaining a food manager certification.

The second FAQ document was published by the Texas Real Estate Commission on licensed real estate inspectors.

The Notice of Violation document was published by the U.S. Department of Health and Human Services and alleges that a certain drug advertisement violates federal regulations on misleading advertisements.



The short writing exercise for this week requires you to apply regulations to a set of facts.

This exercise will prepare you for the next writing project that will require you to apply rules in a more complex situation.

So let’s practice one together first.

(BTW: We will return to applying rules when we talk about government investigation reports later in the semester.)


The setup: The practice of plumbing in Texas is regulated by the Texas Board of

Plumbing Examiners. (You wrote a license application letter for them.) The Board’s rules govern the licensing and conduct of plumbers. Why? To protect the public from sub-standard plumbing that may

lead to poor sanitation and water quality problems. On the next screen, you will be presented with some facts and a

Plumbing Board rule. Apply the rule to the facts using the three part analysis we discussed

above: What is the relevant fact? (The one that shows a violation) What does the rule say? What is your conclusion?


On September 2, 2010, Joe the Plumber was hired to install a new shower for Ms. Rose (which is consider plumbing). Joe is a newly licensed plumber. The job he agreed to perform for Ms. Rose was his first job as a plumber. When Ms. Rose initially contacted Joe, she asked about his prior experience as a licensed plumber and whether he had any references. Joe told her that he had been licensed for five years. After hearing this, Ms. Rose decided to hire Joe.

The Plumbing Board’s rules that apply to licensed plumbers provide the following in 22 TAC § 367.2(c):

How would you analyze Joe’s violation of the rule? Write it out on your own!


Model Answer


Questions?

Comments?

Texas Register Project Part II is due March 26.

Rule Application Exercise is due March 26.

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Overview of the Texas Administrative Code - PrismNettcm/etwr1378/guides/Overview of the Texas... · Overview of the Texas Administrative Code ... Title number 30 ... a particular