According to the Mayo Supreme Court decision, what determines the difference between an interpretive regulation and a legislative regulation?

A. If a judge in a court case finds 1) that the statute is too vague to apply to the facts of the case (i.e. the statute has a gap), and 2) the judge further finds that the regulation is necessary to clarify the vagueness of the statute, then the regulation is a legislative regulation. A legislative regulation has greater authority than an interpretive regulation.

B. If a judge in a court case finds 1) that the statute is too vague to apply to the facts of the case (i.e. the statute has a gap), or 2) the judge further finds that the regulation is necessary to clarify the vagueness of the statute, then the regulation is a legislative regulation. A legislative regulation has greater authority than an interpretive regulation.

C. If Congress finds 1) that the statute is too vague to apply to the facts of the case (i.e. the statute has a gap), and 2) Congress further finds that the regulation is necessary to clarify the vagueness of the statute, then the regulation is an interpretive regulation. A legislative regulation has greater authority than an interpretive regulation.

D. If Congress finds 1) that the statute is too vague to apply to the facts of the case (i.e. the statute has a gap), and 2) Congress further finds that the regulation is necessary to clarify the vagueness of the statute, then the regulation is a legislative regulation. An interpretive regulation has greater authority than a legislative regulation.

E. None of the other choices are correct.