Office of the Attorney General
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Honorable Jerald Larry
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Letter Opinion No. 90-005
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Dear Representative Larry:
You ask whether the Alcoholic Beverage Commission has rulemaking authority. Section 5.31 of the Alcoholic Beverage Code provides that the commission may prescribe and publish rules necessary to carry out the provisions of the Alcoholic Beverage Code. Thus, the commission has clear rulemaking authority. Whether any particular rule is within the scope of the commission's authority is a question of fact.
Yours very truly,
Sarah Woelk
Assistant Attorney General
Opinion Committee