Which statement reflects the relationship between regulation and the enabling statute when there is a conflict?

Which statement reflects the relationship between regulation and the enabling statute when there is a conflict?

• A. The regulation must be consistent with the statute; if conflict exists, statutory language controls and may require regulatory revision.
• B. Regulation automatically overrides statute when they disagree.
• C. Regulation is unrelated to statutory interpretation and can be ignored.
• D. The statute should be rewritten to match the regulation.

Answer: (D)

Regulations are created under the authority of an enabling statute and must operate within the boundaries that statute sets. When a regulation conflicts with the statute, the statute governs, so the regulation must be revised to align with the statutory language and intent. If the policy goal requires a change beyond what the statute allows, the legislature would need to amend the statute itself. A regulation cannot override or rewrite a statute. The idea that the statute should be rewritten to match the regulation is outside the regulator’s power; only the legislature can change the statute.

Regulations are created under the authority of an enabling statute and must operate within the boundaries that statute sets. When a regulation conflicts with the statute, the statute governs, so the regulation must be revised to align with the statutory language and intent. If the policy goal requires a change beyond what the statute allows, the legislature would need to amend the statute itself. A regulation cannot override or rewrite a statute. The idea that the statute should be rewritten to match the regulation is outside the regulator’s power; only the legislature can change the statute.