Marolla v. DPSST, 245 OrApp 226 (2011)

Holding:   Police standards board free to adopt rule that officers fired for cause should always lose their certification.

1)   The task of statutory construction “requires us to examine the text of (the statute) in context, along with any relevant legislative history, and, if necessary, applicable canons of construction.” citing, State v. Gaines. at p. 230.

2)   The text of the controlling statute grants DPSST the option of suspending or revoking the certification of police officers discharged for cause, but, nothing in the text of the statute requires the agency to consider both options in every, or, any, case. at p. 231.

3)   When the legislature intends to require an entity to consider, in every case, between “multiple options or factors,” it knows how to do so. at p. 231.

4)   A single, uncontradicted statement by an agency head as to the reason for the statute can be used to elucidate legislative intent. at pp. 231-32.

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