Current through Vol. 42, No. 1, September 16, 2024
(a)
Internal cross references. A
rule frequently refers to itself or its subdivisions, or to other rules in the
Code. These internal cross references shall be formatted pursuant to this
subsection.
(1)
Ambiguous
references. Code citations within rules should be specific. Ambiguous
references, such as "these rules," "herein," "above," and "below," may not be
used in rules. The agency must use more specific terms such as "this Chapter"
or "this Part," or the full OAC citation.
(2)
Unnecessary terminology.
(A) Because every Section number is a unique
number in the Code, it is not necessary to follow the Section number with such
words as "in this Chapter," "in Chapter 10 of this Title," "in Part 1 of
Subchapter 3 of this Chapter," etc.
(B) Do not precede a citation with the term
"subsection," "paragraph," "subparagraph," "unit," "subunit" unless the
citation begins a sentence. For example:
(i)
"Subsection (e) of this Section applies when..."
(ii) "When applying (e) of this
Section..."
(3)
Table of internal (OAC)
citations. The table in Appendix A of this Chapter establishes format
for referencing the Code within the text of a rule. The left column describes
the material being referenced. The right column shows the correct form for
stating the reference.
(4)
Series of consecutive Sections. When referring to a series of
consecutive Sections, the first and last Sections in the series are joined with
the word "through." "Et seq." is not used to reference a series of consecutive
Sections in the Code.
(b)
External cross references.
Rules frequently refer to other primary sources of law. These external cross
references should be formatted in a style recognized as a proper citation for
the specific publication.
(1)
Consistency within OAC Title. References should be consistent
within the agency's Title, and should be brief, while allowing accurate and
precise identification.
(2)
O.S. Title vs OAC Title. References to a "Title" in the Oklahoma
Statutes must clearly state that the Title referenced is a Title in the
statutes, rather than a Title in the Code. For example, "Title 75 requires
that..." must be revised to read "Title 75 of the Oklahoma Statutes requires
that ..." or "75 O.S. requires that ..."
(3)
O.S. Sections vs OAC
Sections. References to Sections in the Oklahoma Statutes must be
similar in style to acceptable O.S. citation format, as identified in the front
of each edition of the Oklahoma Statutes. Provided, an abbreviated format,
which cites the Title number and Section number separated by a colon, may be
used in bracketed cites which follow quoted or paraphrased statutory language
(e.g., [75:251]). Note, however, that references to Titles, Chapters, and
Subchapters in the OAC, when formatted using the shorter, numerical citation
option [see (b)(3) in this Section], must be preceded by the letters OAC (e.g.,
OAC 10, OAC 10:1, OAC 10:1-3). The letters OAC are necessary to differentiate
between a code citation and a statutory citation.
(c)
"Relating to" references.
When referring to another Section, Appendix, Part, Subchapter, Chapter or Title
in the Code, the phrase "relating to" is used as follows: "The applicant shall
proceed pursuant to
10:15-3-3
(relating to application procedure)" or "[See 30:1-5-1 (relating to copying
fees)]." Provided, "relating to" should not be used:
(1) when more than three Sections are
referred to.
(2) more than once for
reference to the same Section within a Section.
(d)
Future amendment references.
When referring to another rule or statute, terms such as "as amended" or "as
amended from time to time" may not be used.
Amended and renumbered
from 655:10-3-49 at 9 Ok Reg 2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff
7-15-98
