Angle v. Board of Dentistry

The Court will give "primary weight" to the text and context of a statutory provision, but may also consider any useful legislative history to discern and effectuate the legislative intent as reflected in the words of the statute. State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009).

Petitioner appealed a Board of Dentistry suspension of his license to practice for failure to respond to two information requests. Petitioner assigned error to the claim that he "failed to respond" within the meaning of ORS 679.170(6). Petitioner argued that ORS 679.170(6) allows for "any response" to the board's written requests for information. The Board argued that "respond" means to provide the requested information. The Court will give "primary weight" to the text and context of a statutory provision, but may also consider any useful legislative history to discern and effectuate the legislative intent as reflected in the words of the statute. State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009). The Court held that "failure to respond" encompasses both silence and a nonresponsive reply, and that legislative history showed that the statute was meant to assist the board in obtaining responses to inquiries; concluding that the only way to read ORS 679.170(6) is to interpret "respond" to require a "responsive" response, and that the board erred in deciding as a matter of law that petitioner failed to respond to the requests.  Reversed and remanded.