Payment of filing fee
Source:
Section 19.265 — Payment of filing fee, https://www.oregonlegislature.gov/bills_laws/ors/ors019.html.
Notes of Decisions
Legislative requirement of filing fee as prerequisite to processing appeal from administrative ruling is not such a restriction upon the performance of judicial function that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)
When applied to indigent litigants, this section was not unconstitutional as abridging right to petition government for redress of grievances under United States Constitution. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)
When applied to indigent litigants, there was no violation of due process under Oregon Constitution to require payment of filing fees in order to secure judicial review of Welfare Division’s orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)
When applied to indigent litigants, right to obtain judicial review of ruling of State Welfare Division was not such a “fundamental personal right” that it denied equal protection of laws under United States Constitution to make such right dependent upon ability to pay $25 filing fee. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff’d 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)
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