SECTION 655:10-5-12.1. Cross references; "relating to"; ambiguous references

(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.

[Source: 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]