ORS 174.010
General rule for construction of statutes

In the construction of a statute, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars such construction is, if possible, to be adopted as will give effect to all.

Source: Section 174.010 — General rule for construction of statutes, https://www.­oregonlegislature.­gov/bills_laws/ors/ors174.­html.

Notes of Decisions

Where statutes are clear in their terms, there is no need to, rather it is improper to, proceed with the application of rules of statutory construction. State v. Hiller, 22 Or App 57, 537 P2d 571 (1975); Schoning and Schoning, 106 Or App 399, 807 P2d 820 (1991)

Statutory construction is nothing more than judicial process of discerning and declaring intent of legislature. Fifth Ave. Corp. v. Washington County, 282 Or 591, 581 P2d 50 (1978)

Definitional section in statute is assertion that when defined word appears in operative sections of statute it has been used in full awareness of definition given it for that statute, but this assertion applies only to term actually defined and not necessarily to all cognate and related forms of same term. Chapman Bros. v. Miles-Hiatt Investments, 282 Or 643, 580 P2d 540 (1978)

Where legislature or administrative agency uses particular term in one provision, but omits term from related provision, term is considered not to apply to related provision. Perlenfein and Perlenfein, 316 Or 16, 848 P2d 604 (1993)

To extent required to resolve ambiguity, consideration is given in successive stages to: 1) text of statute and context provided by simultaneously enacted provisions in light of applicable rules of statutory construction; 2) legislative history; and 3) general maxims of statutory construction. PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993)

Interpretive principles and methodology applicable to statutes are also applicable to administrative rules. Pilgrim v. Clatskanie People’s Utility District, 149 Or App 234, 942 P2d 821 (1997), Sup Ct review denied

Attorney General Opinions

Authority of Commission for Child Care to award grants to newly established child care information and referral services, (1989) Vol 46, p 133

Law Review Citations

21 EL 149 (1991); 70 OLR 943 (1991); 28 WLR 223 (1992); 31 WLR 179 (1995); 34 WLR 219 (1998); 97 OLR 585 (2019)

174.010
General rule for construction of statutes 174.020
Legislative intent 174.030
Construction favoring natural right to prevail 174.040
Severability 174.060
Effect of amendment of statute adopted by reference 174.070
Effect of repeal of validating or curative Act 174.080
Effect of repeal of repealing Act 174.090
Effect of repeal of repealing constitutional provision 174.100
Definitions 174.101
“Manufactured structure,” “recreational vehicle” defined 174.102
“Agricultural commodity,” “agricultural product” defined 174.104
“Public notice” defined 174.107
“Person with a disability” defined 174.108
Effect of definitions 174.109
“Public body” defined 174.111
“State government” defined 174.112
“Executive department” defined 174.113
“Judicial department” defined 174.114
“Legislative department” defined 174.116
“Local government” and “local service district” defined 174.117
“Special government body” defined 174.118
Application of definitions to ORS 174.108 to 174.118 174.120
Computation of time 174.125
Computation of time period for personal service 174.127
Singular or plural number 174.129
Statutes, rules and orders to use sex-neutral terms 174.130
Majority can exercise authority given jointly 174.140
Construction of “a surety” or similar words 174.160
Mailing methods authorized in place of notice by registered or certified mail 174.170
Notice by personal service equivalent to notice by mail 174.510
Statute revision of 1953 enacted as law 174.515
Duplicate original of 1953 revision 174.520
General statutes enacted prior to January 12, 1953, repealed 174.530
Construction of statutes enacted as part of 1953 revision 174.535
Construction of reviser’s bills 174.540
Parts of printed statute editions not part of the law 174.550
Statute revision of 1953 substituted for statutes repealed by ORS 174.520 174.580
Oregon Rules of Civil Procedure 174.590
Statutory terminology not intended to preserve procedural distinctions between actions and suits
Green check means up to date. Up to date

Current through early 2024

§ 174.010’s source at oregon​.gov