Miller v. Oregon Liquor Control Commission

This is a petition for review of the validity of two rules promulgated by the Oregon Liquor Control Commission (OLCC). The sole question is whether the rules exceed the statutory authority of OLCC. ORS 183.400(4)(b).

The authority of the OLCC to enact implementing regulations is contained in several statutory provisions. The Liquor Control Act (ORS ch 471) is to be "liberally construed so as to protect the safety, welfare, health, peace and morals of the people of the state.” ORS 471.030(l)(c). In addition to specifically enumerated powers and duties, the commission has the powers "necessary…