---
kind: "section"
citation: "39 C.F.R. § 3024.8"
title: "39"
number: "3024.8"
heading: "Statutorily authorized affirmative defense."
url: "https://uscodex.org/cfr/39/3024.8"
---

# §3024.8. Statutorily authorized affirmative defense.

- (a) As an affirmative defense to an allegation of a violation of [39 U.S.C. 404a(a)](/usc/39/404a.md?p=a), the Postal Service may demonstrate that it is specifically authorized by law to take the action or inaction alleged to be a violation of that section.
- (b) Authority under 39 U.S.C. [401](/usc/39/401.md) or [39](/usc/39/39.md) U.S.C. 404 may not form the basis of an affirmative defense under [paragraph (a)](#a) of this section.
- (c) [Paragraph (b)](#b) of this section does not preclude the Postal Service from arguing that a particular Postal Service regulation or other action (or inaction) does not have the requisite effect to violate [39 U.S.C. 404a(a)](/usc/39/404a.md?p=a).

## Notes

### Authority

Authority: 39 U.S.C. 404a; 3662.

### Source

Source: 79 FR 62294, Oct. 16, 2014, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020.