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legislative approval by reenactment

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 308 U.S. 90 - Helvering v. Wilshire Oil Co. · 1939Most cited · 369 citing opinions

The oft-repeated statement that administrative construction receives legislative approval by reenactment of a statutory provision, without material change, covers the situation where the validity of administrative action standing by itself may be dubious or where ambiguities in a statute or rules are resolved by reference to administrative practice prior to reenactment of a statute; and where it does not appear that the rule or practice has been changed by the administrative agency through exercise of its continuing rule-making power. It does not mean that a regulation interpreting a provision of one act becomes frozen into another act merely by reenactment of that provision, so that that administrative interpretation cannot be changed prospectively through exercise of appropriate rule-making powers.