duke@nwalcohollaw.com 503.718.2310

The OLCC Rulemaking Process

The OLCC Rulemaking Process

You can propose changes to the regulations that govern the OLCC.  The regulations that govern the OLCC are found here: OAR 845.  The process of developing or modifying regulations is called rulemaking.  Although rulemaking is often initiated by OLCC staff, individuals or groups may also petition the agency to develop, change, or rescind one of its rules.  In other words, you can potentially change OLCC regulations.  Here’s how … 

Rulemaking by state agencies (including petitions by individuals or groups) is governed by the Administrative Procedures Act (ORS Chapter 183) and the Attorney General’s administrative rules (OAR 137-001-0007 through OAR 137-001-0100).

1) Rulemaking petition filed with agency.
To be accepted, the petition must contain certain legally required sections.  See ORS 183.390 & OAR 137-001-0070. Some of these include the facts and arguments supporting the rule proposal, comments on the complexity of the rule, how technology and economic factors may have changed, and a draft of the proposed rule language.

2) The OLCC accepts and initiates rulemaking, or denies the petition.
Within 90 days of the OLCC’s receipt of the petition, the agency must either accept or deny it. This includes a public notice and comment period, with a report on the petition presented at an upcoming Commission meeting. If Commissioners vote to accept a rulemaking petition, then the normal rulemaking process begins.  The process typically takes six months. The Commission is not bound to the originally proposed language or to making any rule changes once the rulemaking process is complete.  In other words, your proposal could be changed during the rulemaking process.

3) Advisory Committee.
A group of stakeholders representing industry, public safety, and others meet to discuss the initial rule draft(s), give suggestions, and assist with writing a Fiscal Impact Statement.

4) Final rule proposal.
OLCC technical and executive staff take stakeholder input into account and decide on a “Final Staff Draft” of the proposed rule language.

5) Public notice and comment period. 

A notice of proposed rulemaking is filed with the Secretary of State (published in the Oregon Bulletin), a public notice is sent to the OLCC rulemaking notice list, a public hearing is held, and a written comment period is established.  Anyone can submit comments, but comments are typically submitted by various stakeholders.  You can also participate in the rulemaking process generally by submitting comments.

6) Commissioners vote on final action.
The rules coordinator gathers oral and written comments and presents a report to the Commissioners. The Commissioners vote at a Commission meeting on whether or not to adopt the proposed rule amendments. If adopted, the changes are usually effective the first of the month following the meeting.

The rulemaking progress is a great opportunity for you to be involved with how the OLCC regulates licensed businesses in Oregon.

nwallaw_admin