Wolf v. Oregon Lottery Commission

Petitioners seek review of a rule adopted by the Oregon Lottery Commission (Lottery) establishing the compensation that the Lottery pays to retailers, mostly restaurants, taverns, and convenience stores, who make video lottery games available to the public. Petitioners assert that the Lottery exceeded the legislature’s grant of authority when it promulgated the rule because the statute setting the Lottery’s task, ORS 461.445, required the Lottery to consider retailers’ “reasonable rate of return,” and nothing in the rule or in the rulemaking record indicates that the Lottery did so. We agree…