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Congress sets up an agency to regulate fraud in the used car market. The statute provides for treble damages arising from rolling back an odometer and does not specify an limitation on which cars the rule applies to. The agency writes an administrative rule limiting odometer rollback claims to cases where the car is 10 years old or less. If someone sues regarding a 12 year old car, what is the result?
A. The regulation controls under the agency's broad authority to regulate the car market
B. The statute controls because the agency cannot make a rule violating the statute
C. The regulation controls because it violates due process to hold the seller liable when the seller followed the agency's rules
D. The statute controls because the delegation of authority to an agency is per se unconstitutional"
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Analyse the article or case study
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