Wolf v. Oregon Lottery Commission

Under Oregon law, any person dissatisfied with an administrative rule promulgated by an Oregon administrative agency may challenge the validity of that rule in an original proceeding filed in the Court of Appeals. ORS 183.400. This is such a case. The Oregon Lottery Commission (the Lottery), after notice and a series of hearings, promulgated a rule, former OAR 177-040-0026 (2004), dealing with the payments that the Lottery would make to businesses (called “retailers”) that make video lottery games available to the public. Among other things, the rule provided that “[t]he compensation amount…