How do you handle a scenario where a regulation appears to conflict with the enabling statute?

How do you handle a scenario where a regulation appears to conflict with the enabling statute?

• A. Regulation always overrides statute.
• B. Regulation must be consistent with statute; if conflict exists, statutory language controls and may require regulatory revision.
• C. Regulation and statute are entirely separate and never conflict.
• D. The court should ignore the statute and follow the regulation.

Answer: (B)

In administrative law, the enabling statute provides the authority and boundaries for an agency’s actions, so regulations must operate within that framework. If a regulation seems to clash with the statute, the statute controls. The agency cannot exceed its delegated power, and a conflicting regulation is typically invalid to the extent of the inconsistency. The usual remedy is to revise the regulation to conform to the statute, or for the legislature to amend the statute to change the agency’s authority. Courts will enforce the statute and require regulatory changes to restore alignment, rather than letting the regulation stand at odds with the enabling text. Regulations do not override statutes, and they are not completely separate from statutory provisions; ignoring the statute would undermine the hierarchy of authority.

In administrative law, the enabling statute provides the authority and boundaries for an agency’s actions, so regulations must operate within that framework. If a regulation seems to clash with the statute, the statute controls. The agency cannot exceed its delegated power, and a conflicting regulation is typically invalid to the extent of the inconsistency. The usual remedy is to revise the regulation to conform to the statute, or for the legislature to amend the statute to change the agency’s authority. Courts will enforce the statute and require regulatory changes to restore alignment, rather than letting the regulation stand at odds with the enabling text.

Regulations do not override statutes, and they are not completely separate from statutory provisions; ignoring the statute would undermine the hierarchy of authority.