2015 ORS 174.010¹
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)


1 Legislative Counsel Committee, CHAPTER 174—Construction of Statutes; General Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors174.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 174, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano174.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.