In Auer deference, what condition must be met for deference to apply?

• A. Regulation Must Be Ambiguous.
• B. Regulation Must Be Clear.
• C. Only Statutes Are Eligible.
• D. Deference Applies Regardless Of Ambiguity.

Answer: (A)

Auer deference applies when a regulation is truly ambiguous and the agency’s interpretation of that regulation is reasonable. The key trigger is ambiguity: if the regulation’s meaning is clear on its face, the court must apply the plain text rather than defer to the agency. The agency’s interpretation may be considered only as a permissible, reasonable construction given the regulator’s expertise, and not if the regulation is unambiguous or if the interpretation runs counter to the regulation’s plain language. This doctrine focuses on regulatory text, not statutes, and its reach is narrow when the regulation is clear.