Overview of the Texas Administrative Code Part II: Citing agency rules

The Texas Administrative Code and Code of Federal RegulationsAdministrative Policy WritingSpring 2012Administrative Policy WritingSpring 2012IntroductionWhy 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.

We will learn how to write a citation like this.

Or this.Administrative Policy WritingSpring 2012First a REVIEWRemember, 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. Administrative Policy WritingSpring 2012First a REVIEWValid 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.Administrative Policy WritingSpring 2012First a REVIEWFederal 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.

Administrative Policy WritingSpring 2012CitationJust 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.

Administrative Policy WritingSpring 2012What 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.

Administrative Policy WritingSpring 2012The parts of a rule citation

30 Tex. Admin. Code 330.9(a).

Title number 30AbbreviationsThis symbol means sectionChapter 330Section 9Subsection (a)

This is a rule on the management of municipal solid waste.Administrative Policy WritingSpring 2012Code AbbreviationThe 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 as30 TAC 330.9(a).A citation to the CFR is similar.

Administrative Policy WritingSpring 2012Code Abbreviation

8 C.F.R. 207.1(a)

Title number 8Notice the periodsInstead of chapter, this is part 207This is section 1 and subsection (a)

This is a federal rule on the requirements for seeking entry into the country as a refugee.Administrative Policy WritingSpring 2012TitleFor 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.

Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012PartsThe 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.

Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012ChaptersThe 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 QualityChapter 330 includes environmental rules dealing with municipal solid waste (i.e. garbage)Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012Chapters continuedSometimes 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 330Administrative Policy WritingSpring 2012SubchaptersThe 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 ruleschapter 330: solid wastesubchapter Y: medical waste managementDo you see how the code is organized to narrow down from general to specific?Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012Subchapters continuedLike 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.

Administrative Policy WritingSpring 2012SectionsFinally, 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.

Administrative Policy WritingSpring 2012SubsectionsMost 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.

Administrative Policy WritingSpring 2012Subsections

Were looking at section 143 of chapter 1

subsections (a) and (b)Administrative Policy WritingSpring 2012Multiple subsectionsOften, 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).Administrative Policy WritingSpring 2012Paragraphs and beyondBeyond 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).Administrative Policy WritingSpring 2012

Note how recklessness contains several paragraphs: (1), (2), and (3) under subsection (b).Administrative Policy WritingSpring 2012Putting it all together!The organization of the TAC:TitlesPartsChaptersSubchaptersSectionsSubsectionsParagraphs30 Tex. Admin. Code 330.9(a)(1)Administrative Policy WritingSpring 2012Practice Finding a CitationLocate 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?

Administrative Policy WritingSpring 2012Practice Finding a CitationOne 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?

Administrative Policy WritingSpring 2012Practice Writing a CitationSuppose 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?

Administrative Policy WritingSpring 2012One more for the roadThe 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?Administrative Policy WritingSpring 2012HomeworkComplete the Rule Citation Exercise. (Due Mar. 10)Complete the Texas Register Project Part II. (Due Mar. 10)Administrative Policy WritingSpring 2012Overview of the Texas Administrative Code Part II: Citing Agency Rules in ContextAdministrative Policy WritingSpring 2012Citation in academic work versus government writingIn 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.

Administrative Policy WritingSpring 2012Citation in academic work versus government writingProfessional 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.Administrative Policy WritingSpring 2012What 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.Administrative Policy WritingSpring 2012Based on the rule below, what would you cite for the proposition that a dentist must obtain an anesthesia permit to perform general anesthesia?

Administrative Policy WritingSpring 2012What 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!Administrative Policy WritingSpring 2012How 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). Administrative Policy WritingSpring 2012How 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.

Administrative Policy WritingSpring 2012What 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.Administrative Policy WritingSpring 2012An Example

Administrative Policy WritingSpring 2012An ExampleFirst 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.

Administrative Policy WritingSpring 2012An ExampleCome 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.Administrative Policy WritingSpring 2012An ExampleIn 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 likeThe speed limit is 55 here. Youre speeding!Administrative Policy WritingSpring 2012An ExampleDo you see how such an argument skips over (or assumes) a necessary piece of information?The speed limit is 55 miles per hourYou 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! Administrative Policy WritingSpring 2012An ExampleBut 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. Administrative Policy WritingSpring 2012An ExampleHow could the licensing letter above be rewritten to Include a proper citation to the rules andUse the logical style of rule, facts, conclusionFor this example, I will show you what I consider to be a better form.

Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012

Rule. Fact. Conclusion.Administrative Policy WritingSpring 2012Lets look at some more real-world examples of government communications that cite agency rules.two FAQ documents that reference regulationsone Notice of Violation document that applies regulations.

Administrative Policy WritingSpring 2012The 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.Administrative Policy WritingSpring 2012

Administrative Policy WritingSpring 2012The 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.)Administrative Policy WritingSpring 2012The 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?

Administrative Policy WritingSpring 2012On 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!

Administrative Policy WritingSpring 2012Model Answer

Administrative Policy WritingSpring 2012HomeworkComplete the Rule Application Exercise. (Due Mar. 24)