Section 42 Conflict With Statutory Purpose and Abuse of Discretion

• Library: Administrative Law 2011

Rules having no reasonable relationship to the statutory purpose are void.

In some cases, the general policy of the rule seems unrelated to the policy of the statute, but neither direct conflict with the statute nor any clear extension of the statutory command can be shown. In such cases, if convinced that the challenged rule produces burdensome and inequitable results, the courts may set it aside as bearing no reasonable
relationship to the purpose of the governing statute, and producing a result which is...