Listing Cited Codes

The first table contains the evidence used to support the conclusion. The second table contains the evidence used that conflicts with the conclusion. Use the third table to record the evidence in the board's discussion that neither directly supports, nor directly conflicts with the board's conclusion.

The table has seven columns that detail how each code was used in the discussion.

Code

Code Status

Violated

Enter this value if one of the following is true: (1) the board explicitly indicates that the code was violated (2) the board does not explicitly indicate that the code was violated, but it implies, in general discussion that it was violated.  (Examples: 84-6 [cited codes II.3., III.1.f.], 89-2 [cited codes II.4., II.5., III.7.])

Not Violated

Enter this value if one of the following is true: (1) the board explicitly indicates that the code was not violated (2) the board does not explicitly indicate that the code was not violated, but it implies, in general discussion that it was not violated.  (Examples: 69-10 [cited codes 5, 12, 12(b)], 89-4 [cited code II.3.a.])

Not Applicable

Sometimes a code is referenced, but the board argues and ultimately decides that it does not apply to a given case. Enter this value if the board notes that this code does not apply to this case.  (Examples: 84-6 [cited code III.1.e.], 89-4 [cited code III.4.b.])

Changed

Over time, the specific language of some codes might change, altering the detailed meaning of the particular codes in question.  If the board notes that a code has changed, enter this value. Sometimes, it is the cited code that has changed, but other times the changed code is a previous version of the code from an earlier code set. If the code that was changed is a different code, you will need to list that code in the "Grouped With" column, described below.  (Examples: 58-1 [cited code C27], 79-5 [cited code 3(f)], 85-6 [cited code II.4.a.])

Unknown

If you cannot tell from the discussion that one of the above terms is more appropriate you can enter this value. (Example: 92-1 [cited code III.5.a.])

How Cited

Explicitly Discussed

If the board cites the code in the "References" section, and also discusses its relevance to the case, enter this value in the "How Cited" column.  (Important note: Sometimes the board will review a code in the discussion without explicitly stating its code number.  In a situation such as this, the code should still be considered "explicitly discussed.")  (Examples: 71-4 [cited code 12], 77-11 [cited code 11(a)])

Referenced Only

If the board cites the code in the "References" section, but does not discuss its relevance to the case, enter this value in the "How Cited" column.  (Important note: Just because the board doesn't explicitly mention the code number of a code in the discussion does not necessarily mean that the code should be considered "referenced only."  If the board discusses a code without mentioning its number, it should be considered "explicitly discussed" instead of "referenced only.") (Examples: 71-4 [cited code 5], 77-11 [cited code 11])

Grouped With

Overrides

Why Relevant?

If you are unable to determine why the code was cited (often this occurs in the third, "neither supports nor conflicts", table) enter "Unknown" in this column. This may be because the code was erroneously cited by the board, or cited briefly with insufficient discussion.

After each statement, indicate in brackets (i.e., "[" and "]") the numbers of the facts that support it.  If no fact from the chronology table directly supports it, but it is supported by text in the discussion, one of three values can go in the brackets instead of a number:

Hypo

Use this value when the board makes an explicit assumption in their analysis. There must be some text in the discussion section that supports the idea that this is an assumption. Keys to look for are the words "assuming that ...", "provided that ...", and "if we assume ..." etc. If you use the "Hypo:" value, you must also include the portion of the discussion that includes the assumption. Copy the relevant quote from the case, and paste it inside the brackets, after the value "Hypo:". You may edit the quote to remove parts of the discussion that are not relevant.  (Examples: 58-1 [cited code C19], 84-1 [cited code III.8.])

Unstated assumption

Use this value when it appears that the board may have made an assumption, but did not explicitly state the assumption in the discussion section. For example, situations in which the board cites a particular code, but none of the explicit facts of the case match the conditions in the representation of the code. In this kind of situation, you may infer that the board has made "unstated assumption" that allows the code to be relevant, violated, or not violated.  (Examples: 65-9 [cited code 2(b)], 84-1 [cited code III.8.])

Inference based on facts

Use this value when it appears that the board inferred a new fact or facts based on existing facts. Inside the brackets, list the facts that act as the basis for this inference, followed by the "Inference based on facts" designation.  (Examples: 76-3 [cited code 4(a)], 84-1 [cited code III.1.f.])

Why Violated, Not Violated, Changed, or Not Applicable?

If the code was violated or not violated

You may also need to enter additional information to support the code status. For instance, sometimes a code seems to be violated, but the board argues that, for a reason that is not specified in the code table, the code is actually not violated. In this situation, the you should use the "violated" form of the rule, but add an extra phrase to explain why it is actually not violated. (For an example, see Case 83-1, question 2, code III.3.a.)

Sometimes, a code seems to be not violated, but is actually violated for some reason that is not specified in the code table. In this instance, you should choose the "not violated" form of the rule, but add an extra phrase to explain why it is actually violated.

After each statement, indicate in brackets (i.e., "[" and "]") the numbers of the facts that support it.  If no fact from the chronology table directly supports it, but it is supported by text in the discussion, use one of the three values (i.e., Hypo, Unstated assumption, Inference based on facts) discussed in the "Why Relevant?" section, above.

Lastly, sometimes there are simply extra conditions that the board discusses but which are not specified in the code table. You should add these extra conditions.

If there is no text that can be copied and pasted into the table, you should construct a statement and type it into the table. This statement should have the same structure and style as the statements from the code representation. Any text you create yourself should be surrounded in percentage signs (i.e., "%" and "%") in the transcript file, e.g., "%The Engineer has the right to seek and accept other employment in his field.%"  (Examples: 69-10 [cited code 12], 87-5 [cited code II.4.c.])

If the code has changed

Unknown

Before you continue, you should save your transcript file.