How do statutory and regulatory provisions interact, and which typically has superior authority?

How do statutory and regulatory provisions interact, and which typically has superior authority?

• A. Regulations always trump statutes when inconsistent.
• B. Statutes authorize and constrain agencies; regulations must comply with statutes; generally statutes trump inconsistent regulations.
• C. Regulations and statutes operate independently with no hierarchy.
• D. Agencies may ignore statutes when acting to implement policy if regulators disagree.

Answer: (B)

Statutes set the authority and boundaries for agencies; regulations implement those statutes but must stay within the scope the statute grants. Because regulations derive their power from the statute, they cannot contradict or exceed what the statute allows. When there is any inconsistency, the statute controls and the regulation is invalid to the extent of the conflict. In practice, regulations fill in details and procedures needed to carry out the statute, but they cannot widen or override statutory requirements.

Statutes set the authority and boundaries for agencies; regulations implement those statutes but must stay within the scope the statute grants. Because regulations derive their power from the statute, they cannot contradict or exceed what the statute allows. When there is any inconsistency, the statute controls and the regulation is invalid to the extent of the conflict. In practice, regulations fill in details and procedures needed to carry out the statute, but they cannot widen or override statutory requirements.