Construction of Statutes

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.

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

Atty. Gen. 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)

Chapter 174

Law Review Citations

32 WLR 1 (1996); 34 WLR 219 (1998)


Source

Last accessed
Jun. 26, 2021