The Texas Administrative Code and Code of Federal Regulations
Administrative Policy Writing Spring 2012
Slide 2
Administrative Policy Writing Spring 2012 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 dont have
to be a lawyer to read regulations. Before we get into citing
rules, lets look at a couple of government communications. You will
see what I mean.
Slide 3
We will learn how to write a citation like this.
Slide 4
Or this.
Slide 5
Administrative Policy Writing Spring 2012 First a REVIEW
Remember, we are talking about agency regulations. Citing statutes
is another important topic for government writing. But we just dont
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.
Slide 6
Administrative Policy Writing Spring 2012 First a REVIEW Valid
agency rules have the force of law. The Texas Administrative Code
is a code meaning a systematically arranged collection or
compendium of statutes, rules, or regulations. When an agency or
regulated industry cites agency rules, the citation is to the
Administrative Code.
Slide 7
Administrative Policy Writing Spring 2012 First a REVIEW
Federal regulation are organized in a similar fashion. The
regulations adopted by federal agencies are published in the Code
of Federal Regulations (CFR) Like the TAC, the CFR is available
online.
Slide 8
Administrative Policy Writing Spring 2012 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.
Slide 9
Administrative Policy Writing Spring 2012 What follows is an
overview of the parts of the TAC and how rules are most typically
cited by businesses and governmental bodies. 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.
Slide 10
Administrative Policy Writing Spring 2012 The parts of a rule
citation 30 Tex. Admin. Code 330.9(a). Title number 30
Abbreviations This symbol means section Chapter 330 Section 9
Subsection (a)
Slide 11
This is a rule on the management of municipal solid waste.
Slide 12
Administrative Policy Writing Spring 2012 Code Abbreviation The
abbreviation Tex. Admin. Code is the most commonly used in
citation. However, you will also see agencies simply write TAC.
Thus, the previous citation could also be written as 30 TAC
330.9(a). A citation to the CFR is similar.
Slide 13
Administrative Policy Writing Spring 2012 Code Abbreviation 8
C.F.R. 207.1(a) Title number 8 Notice the periods Instead of
chapter, this is part 207 This is section 1 and subsection (a)
Slide 14
Slide 15
This is a federal rule on the requirements for seeking entry
into the country as a refugee.
Slide 16
Administrative Policy Writing Spring 2012 Title For the
remainder of this class, we are going to focus on navigating the
TAC. Lets 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.
Slide 17
Administrative Policy Writing Spring 2012
Slide 18
Parts The Code is further divided into a number of parts
appearing 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.
Slide 19
Administrative Policy Writing Spring 2012
Slide 20
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)
Slide 21
Administrative Policy Writing Spring 2012
Slide 22
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
Slide 23
Administrative Policy Writing Spring 2012 Subchapters The next
level of division is the subchapter. So chapters usually have 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: environmental rules chapter 330: solid waste
subchapter Y: medical waste management Do you see how the code is
organized to narrow down from general to specific?
Slide 24
Administrative Policy Writing Spring 2012
Slide 25
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.
Slide 26
Administrative Policy Writing Spring 2012 Sections Finally, we
reach sections. Every chapter is divided into one or more sections.
These sections are individual rules. 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.
The citation only includes the title, chapter, and section: 30 Tex.
Admin. Code 330.1.
Slide 27
Slide 28
Administrative Policy Writing Spring 2012 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.
Slide 29
Administrative Policy Writing Spring 2012 Subsections Were
looking at section 143 of chapter 1 subsections (a) and (b)
Slide 30
Administrative Policy Writing Spring 2012 Multiple subsections
Often, writers want to cite to multiple subsections of a particular
section. So how do you do that? 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).
Slide 31
Administrative Policy Writing Spring 2012 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).
Slide 32
Administrative Policy Writing Spring 2012 Note how recklessness
contains several paragraphs: (1), (2), and (3) under subsection
(b).
Slide 33
Administrative Policy Writing Spring 2012 Putting it all
together! The organization of the TAC: Titles Parts Chapters
Subchapters Sections Subsections Paragraphs 30 Tex. Admin. Code
330.9(a)(1)
Slide 34
Administrative Policy Writing Spring 2012 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 dont know the context. Which part is this rule in? You cant
tell from the citation. So just click around until you find it.
What does it say?
Slide 35
Administrative Policy Writing Spring 2012 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?
Slide 36
Administrative Policy Writing Spring 2012 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 Boards 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?
Slide 37
Slide 38
Administrative Policy Writing Spring 2012 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?
Slide 39
Administrative Policy Writing Spring 2012 Homework Complete the
Rule Citation Exercise. (Due Mar. 10) Complete the Texas Register
Project Part II. (Due Mar. 10)
Slide 40
Administrative Policy Writing Spring 2012 Overview of the Texas
Administrative Code Part II: Citing Agency Rules in Context
Slide 41
Administrative Policy Writing Spring 2012 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 elses ideas
in your own work. 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 elses ideas and
incorporating them into your own.
Slide 42
Administrative Policy Writing Spring 2012 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
elses idea.
Slide 43
Administrative Policy Writing Spring 2012 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 paragraph of the rule that contains the text you are
citing.
Slide 44
Administrative Policy Writing Spring 2012 Based on the rule
below, what would you cite for the proposition that a dentist must
obtain an anesthesia permit to perform general anesthesia?
Slide 45
Administrative Policy Writing Spring 2012 What part of a rule
do you cite? A dentist must obtain an anesthesia permit to perform
general anesthesia. 22 Tex. Admin. Code 110.2(a)(5). Note: See how
the citation shows the authority for the statement. It is a way of
saying Im not just making this up!
Slide 46
Administrative Policy Writing Spring 2012 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).
Slide 47
Administrative Policy Writing Spring 2012 How do you cite a
rule in a sentence? However, you can also cite a rule in the text
of a sentence: But this can make the sentence more cluttered.
Speaking of cluttered, government writers sometimes move the cites
into footnotes.
Slide 48
Administrative Policy Writing Spring 2012 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
applying a 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.
Slide 49
Administrative Policy Writing Spring 2012 An Example
Slide 50
Administrative Policy Writing Spring 2012 An Example First
notice this is a letter applying a rule to a specific situation.
But it mixes up the rule and the facts. If we look up Section 144
in the TAC, does it say this particular architects 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 is
five years old. Therefore, your license will be up for
renewal.
Slide 51
Administrative Policy Writing Spring 2012 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. 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 every five years. Facts: Your license will be five years
old. Conclusion: Therefore, your license will be up for
renewal.
Slide 52
Administrative Policy Writing Spring 2012 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 communication, we dont state the premises so explicitly.
How would you argue to your spouse that they are speeding? Probably
something like The speed limit is 55 here. Youre speeding!
Slide 53
Administrative Policy Writing Spring 2012 An Example Do you see
how such an argument skips over (or assumes) a necessary piece of
information? The speed limit is 55 miles per hour You were
traveling in excess of 55 miles per hour. Therefore, you violated
the speed limit. Now you see very clearly why the conclusion is
true. In ordinary life, we are not so explicit about making
arguments. The spouse can assume the second premise because it is
obvious in the circumstances. Just look at the dashboard!
Slide 54
Administrative Policy Writing Spring 2012 An Example But
government writers should strive to discuss rules in this more
explicit manner. Why? Professionalism: Assumptions can be
dangerous. Be clear about what facts you are relying on in order to
make conclusions in professional writing. It is also a way of
checking yourself make sure you really have the right facts to
support your argument. Plain Language: Stating all information
necessary to support your conclusion enhances clarity.
Slide 55
Administrative Policy Writing Spring 2012 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 I consider to be
a better form.
Slide 56
Administrative Policy Writing Spring 2012
Slide 57
Rule. Fact. Conclusion.
Slide 58
Administrative Policy Writing Spring 2012 Lets 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 applies regulations.
Slide 59
Administrative Policy Writing Spring 2012 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.
Slide 60
Administrative Policy Writing Spring 2012
Slide 61
Slide 62
Slide 63
The short writing exercise for this week requires you to apply
regulations to a set of facts found during an investigation. This
exercise will prepare you for the next writing project that will
require you to apply rules in a more complex situation. So lets
practice one together first. (BTW: We will return to applying rules
when we talk about government investigation reports later in the
semester.)
Slide 64
Administrative Policy Writing Spring 2012 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 Boards 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?
Slide 65
Administrative Policy Writing Spring 2012 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
Boards rules that apply to licensed plumbers provide the following
in 22 TAC 367.2(c): How would you analyze Joes violation of the
rule? Write it out on your own!
Slide 66
Administrative Policy Writing Spring 2012 Model Answer
Slide 67
Administrative Policy Writing Spring 2012 Homework Complete the
Rule Application Exercise. (Due Mar. 24)