Citations in Rule

Generally
Citations to the Utah Constitution
Citations to the Utah Code
Titles, Chapters, and Parts
Uncodified Material, Laws of Utah
Sections
Subsections
Citations to Utah Administrative Code
Titles and Rules
Sections
Subsections
Other Organizational Divisions
Citations to Court Rules
Citations to Federal Statutes and Regulations
Citations to Case Law
Citations to Other Materials

Generally

There are various styles of legal citation. Agency rulewriters should use the following citation style, which mirrors the citation style described in the Legislative Drafting Manual, State of Utah (2005). A consistent citation scheme promotes readability and thus facilitates understanding for the reader.

Citations to the Utah Constitution

The Utah Constitution is cited by article and section within the text of a rule, and at the end of the rule.

Example:
Utah Constitution Article XIII, Section 2, Subsection (2)

Citations to the Utah Code

Currently, the Utah Code is divided into titles, chapters, parts, sections, and subsections.

Titles, Chapters, and Parts

Titles, chapters, and parts are numbered differently than sections and subsections. Titles, chapters, and parts are referenced by stating their single or double-digit number and are cited in descending order.

Examples:
Title 59, Chapter 3
Title 59, Chapter 3, Part 1

If the citation is to an entire title, chapter, or part that has a title, the rulewriter should include the title in the citation.

Examples:
Title 70A, Utah Uniform Commercial Code
Title 61, Chapter 1, Utah Uniform Securities Act
Title 59, Chapter 12, Part 1, Tax Collection
Title 17, Chapter 3, Part 1, Governing Body

When citing two or more chapters if the rulewriter uses the conjunctive “and” or “through,” the words “chapter” or “part” should be plural. If the rulewriter uses the conjunctive “or,” the words “chapter” or “part” should be singular. References to two or more chapters are referenced as follows:

Examples:
Title 7, Chapters 1, 2, and 19
Title 7, Chapters 1 through 3
Title 7, Chapters 16, 17, and 18, and Chapter 20, Parts 1, 3, and 6
Title 7, Chapters 5 through 14, Chapter 17
Title 7, Chapter 5, Part 1 or 2

Uncodified Material, Laws of Utah

Sometimes a bill or a portion of a bill is not codified into the Utah Code, and the only reference available is to the session laws. In that case, refer to the chapter and year of the session law involved. If the bill passed during a special session, the special session is also cited.

Examples:
Chapter 112, Laws of Utah 2001
Chapter 5, Laws of Utah 2002, Fifth Special Session

Sections

Sections are the fundamental unit of the Utah Code. They are numbered in three parts offset by hyphens.

Example:
Section 59-3-101

References to provisions of law are by inference to other sections of the Utah Code unless otherwise stated. Therefore, references to “Utah Code Annotated” or “UCA” are superfluous.

DO NOT SAY: SAY:
Section 58-1-1, Utah Code Annotated 1953 Section 58-1-1
Section 58-1-1, UCA Section 58-1-1

References to single or multiple sections throughout the Utah Code should be as follows:

Examples:
Single section: Section 58-1-1
One of many sections: Section 31A-7-101, 31A-7-102, or 31A-7-103
All of many sections: Sections 78-12-1, 78-12-4, and 78-12-10
Consecutive sections: Sections 59-10-101 through 59-10-110

Do not use the phrase “Section 59-10-101 to Section 59-10-110” because it is ambiguous. Instead, use the word “through” to indicate that both the starting and ending sections in the range are included.

DO NOT SAY: SAY:
Section 58-1-1 to 58-1-10 Section 58-1-1 through 58-1-10

If possible, a brief description of a cited statute should be included in the reference so the reader will not be forced to turn to the provision to see what it is about.

Example:
The procedure used shall be the same as that used in Section 13-1-1, concerning consumer grievances.

Subsections

Subdivisions within either a section or a subsection are called “subsections.” Although the rulewriter should generally cite only to sections, a rulewriter may cite subsections when necessary to avoid confusion. Subsections are cited within parentheses. The rulewriter should avoid citing sections in units smaller than the second level, e.g., (1)(a) or (14)(b). If further division is absolutely necessary, cite to the level necessary. This is particularly important when citing an agency's rulewriting authority. References to subdivisions are always to “subsections” to avoid confusion and maintain simplicity.

Examples:
Subsection 58-1-1(2)
Subsection 58-1-1(3)(a)

When a subsection is referenced, provide the full reference including the section number. Using the full reference facilitates hypertext linking when rules are provided in text databases or posted to the Internet. The phrase “… of Section 58-1-1” should not be used.

DO NOT SAY: SAY:
Subsection (2)(a) of Section 58-1-1 Subsection 58-1-1(2)(a)
Section 58-1-1(2) Subsection 58-1-1(2)
Section 58-1-1(2)(a) Subsection 58-1-1(2)(a)
Subsection (2) of Section 58-1-1 Subsection 58-1-1(2)

Citations to Utah Administrative Code

The Utah Administrative Code is divided as follows:

  • titles;

  • rules;

  • sections; and

  • subsections.

In general, the same standards apply for numbering and referencing the Utah Administrative Code as for the statutory code. To avoid confusion with statutory citations, each administrative code citation begins with an “R.”

Titles and Rules

Section 63-46a-9.6 establishes the primary structure of the administrative code. A “title” is usually not referred to individually, but if necessary, may be cited as “Title R56.” A rule is always defined by its two-part, hyphenated number, as in “Rule R56-3”. Titles and rules are all referenced by stating their single, or double digit number.

Examples:
Title R156
Rule R156-1

Sections

Sections are referenced by their three-part hyphenated number.

Example:
Section R156-1-301

All references to other rules are by inference to other sections of the most current edition of the administrative code unless otherwise stated. Therefore, references to the Utah Administrative Code and phrases such as “of this code” are superfluous.

DO NOT SAY: SAY:
Section R313-32-22, Utah Administrative Code 2005 Section R313-32-22
Section R313-32-22 of this code Section R313-32-22

References to single or multiple sections throughout the Utah Administrative Code should be as follows:

Examples:
Single section: Section R15-4-10
One of many sections: Section R317-3-7, R317-3-9, or R317-3-11
All of many sections: Sections R156-56-706, R156-56-708, and R156-56-710
Consecutive sections: Sections R432-150-12 through R432-150-24

Do not use the phrase “Section R432-150-12 to Section R432-150-24” because it is ambiguous.

DO NOT SAY: SAY:
Section R432-150-12 to R432-150-24 Section R432-150-12 through R432-150-24

If possible, a brief description of a cited statute should be included in the reference so the reader will not be forced to turn to the provision to see what it is about.

Example:
The procedure used shall be the same as that used in Section R317-3-2, concerning sewers.

Subsections

Subsections of sections and subdivisions within a subsection are all called “subsections” and are cited within parentheses:

Example:
Subsection R156-1-301(2)
Subsection R156-1-301(3)(a)

When a subsection is referred to, cite it along with the section number.

DO NOT SAY: SAY:
Subsection (2)(a) of Section R156-1-301 Subsection R156-1-301(2)(a)

References to other portions of the administrative code should never be “above,” “below,” “hereinafter,” “hereinbefore,” and similar vague terms. Always cite the specific designation.

Other Organizational Divisions

The format for administrative rules is different from that of statutes or federal regulations. Section 63-46a-9.6 does not provide for Parts or Subparts. A chapter in the Utah Code is equivalent to a rule in the Utah Administrative Code. Currently, the only designations that may be used are Title, Rule, Section, and Subsection.

Citations to Court Rules

The Utah Rules of Evidence, Utah Rules of Civil Procedure, Utah Rules of Criminal Procedure, Utah Rules of Appellate Procedure, and Utah Juvenile Court Rules of Practice and Procedure may be cited in rule and have the force of law to the extent they are not contrary to statute.

Examples:
Utah Rules of Civil Procedure, Rule 65B
Utah Rules of Evidence, Rule 20
Utah Rules of Criminal Procedure, Rule 15
Utah Rules of Appellate Procedure, Rule 5
Utah Juvenile Court Rules of Practice and Procedure, Rule 10

The Utah Code of Judicial Administration should be cited as follows:

Example:
Utah Code of Judicial Administration, Rule 7 201

Citations to Federal Statutes and Regulations

Whenever possible, refer to federal law by reference to the United States Code or applicable Public Law rather than simply using the law's short title. The term et seq. (et sequentes, “and the following”) may be used in citing federal law.

Examples:
Americans with Disabilities Act of 1990, 42 U.S.C. 12102
Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
Truth in Lending Act, 15 U.S.C. Sec. 1601 et seq.
Tax Reduction Act of 1975, Pub. L. No. 94 12, 89 Stat. 26
Telecommunications Act of 1996, Pub. L. No. 104 104

Reference to both the short title and to the United States Code citation is acceptable to enable the lay person to easily identify the federal law in question. However, reference to the United States Code or the Public Law should always be used. One exception to this principle is when making reference to a well known or often changed federal law, such as the Internal Revenue Code or the Social Security Act. When referencing the Internal Revenue Code, the rulewriter should always refer to the citation as “section” and not “subsection.”

Examples:
Section 41(c)(4), Internal Revenue Code
Section 408, Internal Revenue Code

When citing federal regulations, cite the Code of Federal Regulations (CFR) if the regulation has been codified. If the regulation has been adopted, but not yet been codified in the CFR, cite the Federal Register (FR) reference. A rulewriter should, whenever possible, use CFR references instead of FR references. However, there may be instances when federal law requires that rules must be in place before the regulation actually appears in the CFR. In cases like this, it is appropriate to refer to the FR.

CITATION: MEANS:
29 CFR 1901.1 (July 1, 2004) Code of Federal Regulations, Title 29, Part 1901, Section 1, 2004 edition
48 FR 1196 Federal Register, Vol. 48, page 1,196 (the date is implicit from the volume number)

Citations to Case Law

In the rare situations where it is necessary to cite to case law in the text of an administrative rule, the rulewriter should include the name and citation of the case without any underlining or italics.

Example:

(v) “Uintah and Ouray Reservation” means the lands recognized as being included within the Uintah and Ouray Reservation in:

(i) Hagen v. Utah, 510 U.S. 399 (1994); and

(ii) Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th Cir. 1997).

Citations to Other Materials

A rulewriter may need to refer to other materials in the text of the rule. Most commonly, this occurs when an agency incorporates by reference materials produced by another organization.

Example:

R432-4-8. Standards Compliance.

(1) The following standards are adopted and incorporated by reference:

(a) Illuminating Engineering Society of North America, IESNA, publication RP 29 95, Lighting for Hospitals and Health Care Facilities, 1995 edition;

(b) The following chapters of the National Fire Protection Association Life Safety Code, NFPA 101, 2000 edition:

(i) Chapter 18, New Health Care Occupancies;

(ii) Chapter 19, Existing Health Care Occupancies.

When referencing other materials in rule, the rulewriter must provide (see Subsection 63-46a-3(7)(b)) the following information:

  • the title of the material as it appears on the cover; and

  • the date, issue number, or version of the material.

The rulewriter may also consider providing other information to make it easier for a citizen to find, including:

  • name of the publisher;

  • the ISBN or ISSN number; or

  • both

For information about materials incorporated by reference, see the section called “Incorporation by Reference”.