Oertel Brewing Co. v. Portwood

MILLIKEN, Judge.

The question presented on this appeal involves a cardinal problem in Public Administrative Law — whether a regulation promulgated by an administrative agency exceeds the powers given the agency by the Legislature.

The trial court dissolved a temporary restraining order prohibiting the appellees, the Alcoholic Beverage Control Board, from enforcing a regulation of the Board prohibiting certain promotional activity, including “treating,” by a brewer or beer distributor, and also denied a permanent injunction. The disputed regulation of the Board states:

“ABC:11:50 Promotion of…