governing hardship waivers, and West Virginia’s claim that these criteria can be established only through notice-and-comment regulation is unfounded. Agencies are ordinarily permitted to choose in adjudication among permissible meanings of statutes they are charged with administering, without spelling out their interpretations beforehand through notice-and-comment rulemaking. Sec. & Exch. Comm’n v. Chenery Corp. (Chenery II), 332 U.S. 194, 202-03, 67 S.Ct. 1575, 91 L.Ed. 1995 (1947); Nat’l Labor Relations Bd. v. Bell Aerospace Co., 416 U.S. 267, 292-94, 94 S.Ct. 1757, 40 L.Ed.2d 134 (1974); Onslow County v. U.S. Dep’t of Labor, 774 F.2d 607, 610 (4th Cir.1985); see also Alaska Dep’t of Health & Soc. Servs. v. Ctrs. for Medicare & Medicaid Servs., 424 F.3d 931, 939 (9th Cir.2005) (<HOLDING>). A contrary rule would “stultify the
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