"The construction of statutes by agencies charged with administration of those statutes is entitled to great weight.23
A decision of an agency charged by the General Assembly with statewide administration, unless it is clearly wrong, carries great weight and is entitled to deference.24
The grant of regulatory authority extends only to duties or powers conferred by law. As such, "regulations, promulgated pursuant to definitive statutory authority, have the force and effect of law.
"25 Moreover, those regulations which "clearly and explicitly mirror" statutory authority are likeliest to be sustained.
26 Any regulation of the Department must be reasonably grounded in an identifiable and definitive statutory foundation."
Op. Va. Att'y Gen. No. 02-074, Sept. (2002). See Also: National Wildlife Federation v. Carol M. Browner, EPA, (D.C. Cir, 1997),
"Generally, the court accords substantial deference to an agency's interpretations of its own regulations."
[See Auer v. Robbins, 117 S. Ct. 905, 911 (1997); Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512 (1994).]
Provided the interpretation "does not violate the Constitution or a federal statute, it must be given 'controlling weight unless it is plainly erroneous or inconsistent with the regulation.'
[" Stinson v. United States, 508 U.S. 36, 45 (1993) (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).]
The most comprehensive coverage on the construction of Statutes. It includes parts of statutes,Extrinsic-Aids,Intrinsic aids, Reading down, Amendments,Repeals,codifications,Quasi-Judicial agencies,Non-obstante clause,Mandatory/Declatory provisions,Tax ,Beneficial, Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance.
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2010
(393)
-
▼
June
(119)
-
▼
Jun 05
(19)
- Rules of Interpretation-Index
- Mischief Rule-II
- Mischief Rule: Basics
- Presumption about Legislature and awareness
- Presumption about Deference and Extent
- Presumption that Statutory Constriction is the dom...
- Presumption of Deference and weight To Agency Inte...
- Presumption in Case of Not-withstanding Clause
- Presumption that Legislator expresses itself throu...
- Presumptions against Substantial Changes In Law: A...
- Presumption against Implied repeal
- Presumption That Latter Enactment over-rides The e...
- Presumption about Special Statute and General Stat...
- Presumption that Amending Acts have some purpose
- Presumption that Legislature Knows the State of ex...
- Plain, Obvious and Rational Meaning
- Presumption of Correctness
- Literal Approach and Development of Other Approaches
- Basics Of Statutory Interpretation- Complete Article
-
▼
Jun 05
(19)
-
▼
June
(119)
No comments:
Post a Comment