41-1962. Conflict with federal law
Where any conflict with federal law occurs concerning the programs and functions of
the department as established by the law of this state, such federal law shall
control. For purposes of this section, "federal law" means any statute passed by the
Congress of the United States, any final regulations adopted by any administrative agency
of the United States government and published in the Code of Federal Regulations or the
federal register or any final decision of the federal judiciary. A conflict between
federal law and the law of this state does not exist for purposes of this section unless
the source of the federal law, on its face or so clearly as not to require any additional
interpretation, establishes the conflict. Upon notification of a conflict with federal
law where the conflict does not meet the requirements of this section, the department may
conform its programs and functions to eliminate the alleged conflict on condition that
the department contest the alleged conflict.
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