AALL CITATION FORMATS COMMITTEE

¶1  In 1995 the American Association of Law Libraries adopted portions of the report of the Task Force on Citation Formats.¹  Not addressed at that time was the issue of citation form for state and federal administrative codes and regulations.  The Executive Board of AALL created a Citation Formats Committee,² which has met regularly to address issues of citation format for administrative codes as well as case and statutory law.  The committee has published draft rules for universal citations for case law³ and statutory law.⁴

¶2  In drafting rules for the universal citation of administrative regulations, the Committee has been faced with issues unique to administrative law.  Unlike cases or statutes, administrative regulations have no uniform pattern of publication.  In some jurisdictions regulations are only found in an administrative code which compiles current regulations by subject.  Some regulations are found only in a register which provides the text of regulations as they are issued chronologically.  Most states have both codes and registers.  Even so, agencies may themselves issue regulations which are not found in any register or code.

¶3  The current fluid state of administrative publishing has presented the committee with additional challenges.  While these rules were being developed, new publishers and publications entered the field, often with new arrangements.  Some states have taken advantage of the electronic media to distribute their regulations systematically for the first time.  Thus, we emphasize the "draft" nature of these guidelines.⁵

¶4  Administrative codes presented the committee with two particular challenges.  The first difficulty was insuring a universally understood and accurate reference for the name of the particular code.  The second problem was the need to establish the currency of the version of the code being cited.

¶5  The Bluebook⁶ attempts to provide a uniformly applicable rule for state administrative codes but gives minimal guidance.  The single relevant rule is Rule 14, which specifies that state materials should be cited by analogy to federal examples.⁷  This rule is supplemented by table T.1, which lists sample citations for each state administrative code.  The Committee's review of state administrative codes revealed that the majority of the abbreviations specified by The Bluebook are not in common use.  Local rules and custom have established other abbreviations for many state administrative codes.  These local abbreviations themselves present problems now that many administrative codes are widely available through online and CD-ROM sources.  Until recently, state administrative codes were substantially available to and used only by practitioners of the particular state.  Attorneys in Alaska knew that AAC was the Alaska Administrative Code while attorneys in Arizona knew that A.A.C. referred to the Arizona Administrative Code.  The rapid expansion of access to codes results in citation formats which are known and easily recognized by those within a jurisdiction but not by the increasing number of users outside that jurisdiction.

¶6  Ideally the writer's obligation is to present an accurate source citation without reference to a particular publisher or medium.  As with case law and statutory law, the Committee recommends using a vendor-neutral citation form for administrative law insofar as this is possible in a particularly chaotic publishing environment.  To help achieve this goal, the Committee has created a standardized designation for each administrative code.⁸  This designation employs the two letter postal abbreviation for each state and abbreviates other words only to the point that they retain a reasonable degree of comprehension to the average user.  For those states in which more than one version of a code exists and the numbering systems differ depending on the publisher, reference needs to be made to the particular publisher.

¶7  The second significant challenge in establishing standards for administrative codes is the date element.   Like statutory codes, administrative codes are continuously changed and updated.   In addition to providing an identifiable reference to an administrative code section, the writer must be able to affirm that the cited code section incorporates amendments as of a particular date.  That date must indicate to future readers the date through which that section was current in the source consulted.  The Bluebook's suggestion in Rule 14 that the federal model be used for states is impractical when applied to state administrative codes because they are not updated or published in the same manner as the Code of Federal Regulations.  Examination of the printed state administrative codes reveals a variety of publishing methods and ways of indicating when a code section was last updated.⁹  Electronic versions have introduced new possibilities for indicating currency, often with information not necessarily available to the user of the printed version.¹⁰

¶8  Ultimately the currency of an administrative code section depends on when a compiler last incorporated amendments into the version being used.  Many administrative codes indicate the date through which regulations are current.  Whenever possible, the writer should indicate that the text of the code being used is "current through" the stated date.  Unfortunately, this date is not uniformly available for all administrative codes and is not consistently available in all forms for some codes.  If the "current through" date is not available, the effective date of the regulation should be used.  The Committee has listed the various options in order of priority.¹¹

¶9  Unlike administrative codes, administrative registers, at least until recently, did not present a problem for writers wishing to identify the date of publication.  The date was fixed and was on the printed page.  Now more registers are available in electronic format.  These registers do not always present a fixed date of publication but may only have a "current through" date.¹²  In addition, both print and electronic registers may provide an effective date of the regulation as well.  The Committee has therefore listed options for providing the date of a regulation, with priority given to the date of publication.¹³

¶10  State registers, like administrative codes, present a problem of comprehensible citations for their names.  The Bluebook requirements and local custom vary from each other, and neither provide a complete solution.  Local custom again specifies some citations that are only comprehensible to those who are conversant with their use.  The Committee has provided a standardized designation for each administrative register.¹⁴  The designation consists of the two letter postal abbreviation for each state and abbreviates other words only to the point that they retain a reasonable degree of comprehension to the average user.

¶11  A universal citation for an uncodified regulation must indicate where within a register a particular regulation may be found.  So far these references have been dependent upon physical documents which have been identified by volume, and page or release numbers or both.  This problem is practically not as important as it would appear because most citations to regulations will be to an administrative code.  Until an acceptable medium-neutral system can be established, the committee is proposing interim rules which continue to rely upon a physical document.¹⁵  These rules provide a model to follow until states can create a format that will permit a citation without dependence upon citation to a physical page.

¶12  Insofar as regulations cited fall outside these rules, the most important elements are the agency, the date, and the regulation numbering system.  For regulations that are issued by individual agencies on an ad hoc basis and which are not published in either a register or an administrative code, the committee recommends that the citation include the number of the regulation, the name of the regulation if any, the agency issuing the regulation (including the two letter postal abbreviation for the state), and the date the regulation was issued.¹⁶

¶13  The Committee believes that these rules satisfy to the extent presently possible the obligation to present an accurate, timestamped text.  To this end, the AALL Citation Formats Committee presents this draft User Guide to the AALL Universal Regulatory Citation: Administrative Codes and Regulations for public study and comment.  Suggestions to improve either the universal regulatory citation or the User Guide should be conveyed to the Citation Formats Committee.¹⁷

* ©American Association of Law Libraries, 1998.  This is the third in a series of guides to be published as part of the Universal Legal Citation Project. See The Universal Legal Citation Project; A Draft User Guide to the AALL Universal Case Citation, 89 L. LIBR. J. 7 (1997) [hereinafter Case Citation Guide]; The Universal Legal Citation Project: A Draft User Guide to the AALL Universal Statutory Citation, 90 L. LIBR. J. 91 (1998) [hereinafter Statutory Citation Guide].

**  The introduction to the Draft User Guide was prepared by Paul George, Associate Librarian for Research Services, Harvard Law School Library, Cambridge, Massachusetts, and Carol D. Billings, Director, Law Library of Louisiana, New Orleans, Louisiana. Both are members of the 1997-98 Citation Formats Committee of the American Association of Law Libraries.

¹  MINUTES OF THE AALL EXECUTIVE BOARD, July 13, 14, 18 & 20, 1995, at 2107-08 (on file at American Association of Law Libraries Headquarters, Chicago). For more information on the history of the project and the activities of the Task Force, see TASK FORCE ON CITATION FORMATS, AM. ASS'N L. LIBR., REPORT (1995), reprinted in 87 L. Libr. J. 577 (1995); Case Citation Guide, supra note ¶¶ 5-7.

²  MINUTES OF THE AALL EXECUTIVE BOARD, supra note 1, at 2103.

³ Case Citation Guide, supra note *.

⁴ Statutory Citation Guide, supra note *.

⁵  An examination of two states illustrates some of the difficulties in this area as developing paper and online sources come into conflict.  In Wyoming, administrative regulations are available on the Secretary of State's Internet site.  These rules are for all practical purposes an administrative code in that they constitute an up to date subject arrangement for all state agency rules. See Wyoming Secretary of State, State Agencies Rules and Regulations (visited Apr. 23, 1998) <http://soswy.state.wy.us/rules/rules.htm >.  The state has not, however, designated this electronic product to be a "code."  The other source for state regulations is Weil's Code of Wyoming Rules, published by Weil Publishing Company. It is unofficial and has its own numbering system. Users are therefore confronted with two versions of the "code" with different identification schemes for the same information.

⁶  A similar problem exists with registers in some states.  For example, Maine does not have an official register and instead publishes its administrative notices in five newspapers in the state.  These notices are now available on a state government web site that, although not yet acknowledged to be an official "register," could be viewed as serving that purpose.  See Maine Administrative Procedure Act Office, State of Maine's Weekly Rule-Making Notice (visited Apr. 23, 1998) <http://www.state.me.us/sos/cec/rc n/apa/weekly.htm>. These regulations and notices are also published in Weil's Maine Government Register, which has its own citation format for issues and pages.

⁷ THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (16th ed. 1996).

⁸ Id. at 93 (Rule 14).

⁹  A substantial number of printed state administrative codes list the date each code section was last amended, with or without a register number, as parenthetical information at the end of each code section.  Examples include the administrative codes of Idaho, Kentucky and Missouri. Other states provide the date the physical page was last updated.  The Code of Colorado lists the history and currency information at the beginning of large sections of the code as each title is reprinted. The Code of Rhode Island Rules dates each individual physical page with the date that particular page was last reprinted.  These "systems" are not exclusive of each other.  The Code of Massachusetts Regulations lists for each code section its effective date and the date of last amendment.  It also provides the date each physical page was last printed.

¹⁰  The majority of administrative codes on Westlaw and LEXIS-NEXIS provide statements that the particular code section is current through a given date or register number.  State government Internet sources more often include the date the code section was last amended. See, e.g., AZ Admin Code (visited Oct. 2, 1997) <http:www.sosaz.com/Rules_and_ Regulations.htm>; NV Admin Code (visited Mar. 18, 1998) <http://www.leg.state.nv.us/NAC/ CHAPTERS.HTM>.

¹¹ See infra Rule 8, Code Citation: Date.

¹² See NV Reg of Admin Regs (visited Mar. 18, 1998) <http://www.leg.state.nv.us/ register/VOLUME_PAGE.html>.

¹³ See infra Rule 11, Register Citation: Date.

¹⁴ See infra Appendix, Part E: Standardized Code and Regulation Designations.

¹⁵ See infra Rule 10, Register Citation: Standardized Section or Numbering Designation.

¹⁶ See infra Rule 4, Elements of an Administrative Regulation Not in a Code or Register.

¹⁷ The 1998-99 Co-Chairs of the AALL Citation Formats Committee are Marcia Koslov, State Law Librarian, Wisconsin State Law Library, who can be contacted at (608) 266-1424 or <mkoslov@law-lib.state.wi.us>; and Paul George, Associate Librarian for Research Services, Harvard Law School Library, who can be contacted at (617) 496-3292 or <pgeorge@law.harvard.edu>.

¶1  Purpose. This guide indicates how researchers can cite American administrative codes and regulations using the universal administrative code citation developed by the American Association of Law Libraries (AALL).

¶2  Scope.  These rules are intended to assist researchers in crafting accurate, unambiguous citations that enable readers to identify and locate cited legal authority in any format. Ancillary issues such as typeface, style or signal conventions are beyond the scope of this guide. For these and any other issues not addressed in this guide, the researcher should follow the most current edition of The Bluebook: A Uniform System of Citation. ¹

¶3  Definitions.  "Regulation" refers to primary authority promulgated by an administrative agency in its quasi-legislative role.  It is used as the equivalent for "rule".  "Register" refers to a publication containing in chronological order the regulations issued by agencies within the executive branch of a particular jurisdiction.  Examples are the Federal Register or the Utah Bulletin.  Registers also contain other types of information such as announcements, notices, and guidelines.  "Administrative code" refers to a compilation of current regulations in force for a particular jurisdiction grouped by subject.  Examples are the Code of Federal Regulations and the South Dakota Administrative Rules.  Registers and administrative codes do not always contain all the regulations of a particular jurisdiction.  

¶4  Throughout this guide, examples appear with redlining, which is used to show where and how a particular rule applies in a full citation..

Rule 1. Basic Administrative Law Citation Form.
Always cite regulations to an administrative code following the provisions of Rule 2 except in the following cases:

Rule 2. Elements of an Administrative Code Citation.
A full administrative code citation includes the following elements:

Rule 3. Elements of an Administrative Register Citation.
A full citation to an uncodified administrative regulation in a register consists of the following elements:

Rule 4. Elements of an Administration Regulation Not in a Code or Register.
When citing regulations which have not been published in a register, administrative code or other official state publication, include at least the following identifying information:

Rule 5. Name of the Regulation.

Rule 6. Standardized Code Designation.
When citing a code, use the standardized code designation found in Appendix, Part E.

Rule 7. Code Section Designation.
Indicate the code section being cited in accordance with the standardized format for that state set forth in Appendix, Part E.  Note that in some states it is also necessary to include an agency name.

Rule 8. Code Citation: Date.
Indicate the date for the code section being cited. This information should be enclosed in parentheses.

1) If possible list the date of the most recent register or amendments incorporated into the administrative code being used. The word "through" should precede the date.

Examples:
2 CA Code of Regs § 213.1 (through 9/13/96)
26 SC Admin Code 103-621 (through 7/1/97)
40 CFR § 30.10 (through 7/1/97)

2) If it is not possible to determine the specific date of the most recent register or amendments incorporated into the code, but the register or supplement number is available, use that information.  The word "through" should precede the register or supplement number.

Examples:
780 MA Code of Regs 1210.1 (through MA Reg no 819)
NV Admin Code 361.136 (through 1996-2 supp)

3) If the date or number of the most recent register incorporated into the code is not available, but the date that the particular section or portion of the code was recodified or reprinted is available, use that date.  The word "through" should precede the date.

Examples:
RI Code of Rules 12 190 001 § 7 (through 10/97) (Weil)
AZ Admin Code R10-2-115 (through 12/3/94)

4) If the only available date is the date the partcular code section as amended went into effect, use that date.  The word "effective" should precede the date.

Examples:
7 AK Admin Code § 026.50 (effective 5/22/96)
965 MA Admin Code 7.00 (effective 5/5/94)

Rule 9. Standardized Register Designation.
When citing a register, use the standardized register designation found in Appendix, Part E.

Examples:
15 AL Admin Monthly 365 (10/30/97)
20 MN State Reg 93 (1995)
62 Fed Reg 29653 (6/2/97)
NH Govt Reg 20-94 (1/98) (Weil)

Comment:  In almost all states regulations published in a register have a single numbering system regardless of the publisher.  In a few states register citations could vary depending on the source.  Because of these different numbering schemes, it may be necessary to include the name of the compiler in the register source in accordance with Appendix, Part E.

Rule 10. Register Citation: Standardized Section or Numbering Designation.
When citing a regulation published in a register, indicate the register number in accordance with the standardized format for that jurisdiction set forth in Appendix, Part E.

Rule 11. Register Citation: Date.
Indicate the date for the register being cited.  This information should be enclosed in parentheses.

Rule 12. Register Citation: Eventual Codification.
If the eventual citation for the regulation in the codified version of the jurisdiction's regulations is known, include that information in parentheses. The phrase "to be codified at" should precede the citation.

Use the following designations of form and elements in citing to administrative codes and registers of American jurisdictions.

United States
Code: 19 CFR § 128.1 (through 4/1/97)
Register: 62 Fed Reg 65741 (12/16/97)

Alabama
Code: AL Admin Code r 830-x-1-.01 (through 12/31/90)
Register: 16 AL Admin Monthly 146 (2/27/98)

Alaska
Code: 7 AK Admin Code 13.010 (through 12/5/97)
Register: AK Admin J, no 13, p 66 (3/31/97)

Arizona
Code: AZ Admin Code R10-2-115 (through 6/30/97)
Register: 3 AZ Admin Reg 2149 (8/15/97)

Arkansas
Code: (None)
Register: 21 AR Reg 3 (11/97)

California
Code: 1 CA Code of Regs § 190
Register: CA Reg'y Notice Reg 98, no 5-Z, p 205 (1/30/98);
   CA Reg'y Law Bull 97-1 (1/3/97) (Barclays)
   (See comment to Rule 3)

Colorado
Code: 6 CO Code of Regs 1008-2 § 2.0 (effective 1/30/93)
Register: 20 CO Reg 11 (11/97)

Connecticut
Code: CT Reg. of State Agencies 19-13-B39 (through 2/24/98)
Register: 59 CT Law J 4C (10/7/97)

Delaware
Code: DE [agency name] [regulation number]:
   DE Insur Reg no 46 (through 2/1/98)
   DE Code of Regs 73 701 001-3 (through 7/97) (Weil)
Register: DE Govt Reg 12-7 (11/97)

District of Columbia
Code: 6 DC Municipal Regs § 2203 (through 1/30/98)
Register: 45 DC Reg 866 (2/13/98)

Florida
Code: FL Admin Code R 62-25.020 (through 1/31/98)
Register: 24 FL Admin Weekly 1367 (3/20/98)

Georgia
Code: GA Rules and Regs r 391-3-17-.09 (through 11/30/97)
Register: (none)

Hawaii
Code: HI Admin Rules § 11-06-1 (through 11/30/97)
Register: (none)

Idaho
Code: ID Admin Code 38.04.04.200 (through 7/1/96)
Register: ID Admin Bull. 98-1 p 18 (through 1/7/98)

Illinois
Code: 35 IL Admin Code § 307.4201 (through 5/1/96)
Register: 27 IL Reg 1141 (1/9/98)

Indiana
Code: 410 IN Admin Code 5-4-4 (through 1/9/98)
Register: 21 IN Reg 372 (11/1/97)

Iowa
Code: 581 IA Admin Code 2.2(1) (through 8/12/87)
Register: IA Admin Bull vol XX, no 17, p 1240, ARC 7819A (2/11/98)

Kansas
Code: KS Admin Regs 28-23-1 (through 8/1/97)
Register: 17 KS Reg 36 (11/1/98)

Kentucky
Code: 9 KY Admin Regs Service 1:050 (through 8/15/97)
Register: 24 KY Admin Reg 1819 (2/1/98)

Louisiana
Code: LA Admin Code 43.XIX.1301 (through 9/96)
Register: LA Reg 23:49 (1/20/97)

Maine
Code: ME Code of Rules 09 137 001 (through 2/98)
Register: ME Govt Reg 82-87 (11/97) (Weil)
     (See comment to Rule 3)

Maryland
Code: MD Code of Regs 10.07.11.03 (through 3/13/98)
Register: 25:4 MD Reg 242 (2/13/98)

Massachusetts
Code: 780 MA Code of Regs 1210.1 (through 12/12/97)
Register: 820 MA Reg 78 (6/27/97)

Michigan
Code: MI Admin Code R 325.5631 (through 1993 annual supp)
Register: 1997 MI Reg no 9, p 115 (10/3/97)

Minnesota
Code: MN Rules 9505.3640 (through 11/13/97)
Register: 22 MN State Reg 1402 (2/17/98)

Mississippi
Code: MS [agency name] [regulation]:
      MS Insurance Reg no LA & H 64-1 (through 3/6/98)
      MS Code of Rules 08 020 001 (through 12/31/97) (Weil)
      (See comment to Rule 1)
Register: MS Govt Reg 6-12 (1/98) (Weil)
      (See comment to Rule 3)

Missouri
Code: 10 MO Code of State Regs 70-2.010 (through 11/88)
Register: 23 MO Reg 109 (1/16/98)

Montana
Code: MT Admin Rules 4.10.1501(1) (through 6/30/97)
Register: 1995 MT Admin Reg p 1525 (8/10/95)

Nebraska
Code: 163 NE Admin Rules and Regs ch 2, § 006.11 (through 3/17/95)
Register:  (none)

Nevada
Code: NV Admin Code 361.136 (through 1/97)
Register: NV Reg of Admin Regs R192-97 § 1 (through 2/28/98)

New Hampshire
Code: NH Admin Rules [agency name] [regulation number]: NH Admin Rules Env-C 609.02 (through 8/1/97)
Register: NH Rulemaking Reg vol 18, no 10, p 3 (3/6/98)
      NH Govt Reg 20-94 (1/98) (Weil)
      (See comment to Rule 3)

New Jersey
Code: NJ Admin Code 5:30-2.8 (through 5/15/95)
Register: 28 NJ Reg 5181 (12/16/96)

New Mexico
Code: 4 NM Admin Code 3.1.1.7 (through 12/31/97)
Register: 9 NM Reg 101 (2/28/98)

New York
Code: 18 NY Comp Codes Rules and Regs § 515.6 (through 1/1/95)
Register: 20 NY State Reg 17 (3/11/98)

North Carolina
Code: 13 NC Admin Code 7F.0402 (through 11/11/95)
Register: 9:21 NC Reg 1701 (2/1/95)

North Dakota
Code: ND Admin Code § 13-03-03-01 (through 6/88)
Register: (none)

Ohio
Code: OH Admin Code 3701-20-26 (through 6/30/97)
Register: 1997-1998 OH Monthly Rec 1453 (12/97)

Oklahoma
Code: OK Admin Code 235: 10-7-2 (through 2/17/98)
Register: 4 OK Reg 1519 (5/15/97)

Oregon
Code: OR Admin Rules 291-66-010 (10) (through 4/30/96)
Register: 37 OR Bull no 3, p 19 (3/1/98)

Pennsylvania
Code: 1 PA Admin Code § 3.1 (through 3/22/97)
Register: 28 PA Bull 1006 (2/21/98)

Rhode Island
Code: 13 RI Code of Rules 8 000 007 (Weil)
      (See comment to Rule 1)
Register: RI Govt Reg.66-29 (2/98) (Weil)
      (See comment to Rule 3)

South Carolina
Code: SC Code Regs 103-621 (through 9/26/97)
Register: 22 SC State Reg no 3, p51 (through 3/27/98)

South Dakota
Code: SD Admin Rules 74:28:21:01 (through 8/7/97))
Register: 24 SD Reg 89 (12/22/97)

Tennessee
Code: TN Comp Rules and Regs 0020-1-.01 (through 10/96)
Register: TN Admin Reg vol 25, no 4, p 13 (4/15/98)

Texas
Code: 25 TX Admin Code § 119.4 (through 6/27/97)
Register: 23 TX Reg 1026 (2/6/98)

Utah
Code: UT Admin Code R539-6-15 (through 7/1/96)
Register: UT Bull 98-6, p 46 (3/15/98)

Vermont
Code: VT [agency name] Regs [section]: VT En. Health and Safety Regs § 7-309 (through 1/98)
      VT Code of Rules 14 040 021 (through 12/96) (Weil)
      (See comment to Rule 1)
Register: VT Govt Reg 80-7 (9/97) (Weil)
      (See comment to Rule 3)

Virginia
Code: 4 VA Admin Code 25-130-817.152 (through 12/8/97)
Register: 14:9 VA Reg 1333 (1/19/98)

Washington
Code: WA Admin Code 246-318-790 (through 11/1/97)
Register: WA State Reg 97-16-008 (8/20/97)

West Virginia
Code: 61 WV Code of State Rules 1-4 (through 6/97)
Register: WV Reg 15:11, p 475 (3/13/98)

Wisconsin
Code: WI Admin Code § [agency name] [section number]:
      WI Admin Code § DWD 80.32 (through 3/31/98)
Register: WI Admin Reg no 507, p 15 (3/15/98)

Wyoming
Code: WY Insurance Rules and Regs ch 4 § 3 (through 6/20/97)
      WY Code of Rules 006 041 001 (through 12/97) (Weil)
Register: WY Govt Reg. 1-7 (6/95) (Weil)
      (See comment to Rule 3)

* ©American Association of Law Libraries, 1998.

** The principal drafters for the AALL Citations Format Committee were Carol D. Billings, Director, Law Library of Louisiana, New Orleans, Louisiana, and Paul George, Associate Librarian for Research Services, Harvard Law School Library, Cambridge, Massachusetts. They wish to thank Georgia Chadwick, Documents Librarian at the Law Library of Louisiana for her invaluable assistance. Much appreciation and thanks are also due to the librarians in each state who provided us with explanations and assistance with their state regulations as well as invaluable comments on these rules.

¹ Part A (Geographic) and B (Court Names) of the Standardized Table for AALL Universal Citation comprise an abbreviation dictionary for the AALL Universal Case Citation.  See The Universal Legal Citation Project: A Draft User Guide to the AALL Universal Case Citation, 89 L. LIBR. J. 7, 18 (1997).  Part C (Standardized Code and Session Law Designations) and D (Statutory and Legislative Abbreviations) provide similar assistance for the AALL Universal Statutory Citation. See The Universal Legal Citation Project: A Draft User Guide to the AALL Universal Statutory Citation, 90 L. LIBR. J. 91, 102 (1998).

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