(1) An agent's commis- sion percentage may be increased to average commission percentage within the sales band if that agent's commission percentage is less than the average in that sales band.

(2) An agent's commission percentage may be increased to a percentage greater than the average commission percentage within the sales band if it is established to the satisfaction of the department that:

(a) the agent has experienced increased expenses in operating the business for the two most recent calendar years including, but not limited to:

(i) increased labor costs;

(ii) rental or lease costs;

(iii) utilities;

(iv) insurance premiums; and

(v) increased utilization of the case lot discount.

(b) the agent considered all reasonable mitigation measures; and

(c) the average commission percentage would be insufficient to yield net income commensurate with the net income experienced in the two most recent calendar years.

(3) All agency liquor stores that qualify under (2) above are eligible for a review. The agency store shall file an application and the required documentation by May 1 of each period. In order to qualify for the review, the agency store must open its books to the department.

(4) If the agency store qualifies for an adjustment, the adjustment will be effective on July 1 for each period except for the first review period, which is retroactive to January 1, 1999.