Under Washington State canons of statutory construction, what is the Valid Regulation Presumption? Here’s my point of view.
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THE VALID REGULATION PRESUMPTION
Generally, regulations implement statutes. In Washington State, the Valid Regulation Presumption is as follows:
There is a presumption that the regulation is valid, and the burden of challenging it is upon the party attacking it …. [The court’s] review in such situations generally is limited to determining whether the regulation is reasonably consistent with the statute it purports to implement.
Barnes v. Washington Natural Gas Company, 22 Wn.App. 576, 580, 591 P.2d 461 (Div. 1 1997) (referencing Weyerhaeuser Co. v. Department of Ecology, 86 Wash.2d 310, 314, 545 P.2d 5 (1976)).
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-gw