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The Oregon Administrative Rules contain OARs filed through April 15, 2013

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SECRETARY OF STATE, CORPORATION DIVISION

DIVISION 100

NOTARIES PUBLIC

160-100-0000

Definitions

As used in ORS 194.005 to 194.200, ORS 194.505 to 194.595 and OAR 160-100-0000 to 160-100-0620:

(1) "Days" means calendar days.

(2) "File", "Filed" and "Deliver" means cause to be actually received by the Secretary of State.

(3) "Notarial Record" means any record of any notarial act performed by a notary public, except when a specified record or act is excluded.

(4) "Notary Fee" means any money or other thing of value as consideration for performing a notarial act. A notary fee does not include a fee for traveling to perform a notarial act.

(5) "Official Seal" or "Official Notary Seal" means a stamp made of any substance, capable of making a legible imprint on paper in black ink that can be legibly reproduced by a photographic method and that meets the description of OAR 160-100-0100. An official seal does not include the mechanism to which the stamp is attached.

(6) "Official Seal Embosser" or "Official Notary Seal Embosser" means any device capable of creating an embossed imprint on paper that meets the description of OAR 160-100-0120. An official seal embosser does not include the mechanism to which the embosser plate is attached.

(7) "Secretary of State" means the Notary Public Section of the Secretary of State's office.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.335
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0000

160-100-0010

Date of Mailing

Whenever ORS 194.005 to 194.200, 194.505 to 194.595 and OAR 160-100-0000 to 160-100-0620 require or permit a document or object to be mailed to the Secretary of State, the date of mailing shall be the date the document or object was actually received by the Secretary of State.

Stat. Auth.: ORS 194.335
Stats. Implemented: ORS 194.335
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0010; CORP 1-2007, f. 2-15-07, cert. ef. 3-1-07

160-100-0020

Name of Notary Public

Whenever ORS 194.005 to 194.200, 194.505 to 194.595, and OAR 160-100-0000 to 160-100-0620 refer to the name of a notary public, the name shall be the legal name of the notary public as it appears on the notary public's written application for appointment and commission.

For the purposes of this chapter, the legal name on the notary public’s written application for appointment and commission must be proven with satisfactory evidence per ORS 194.515(8).

Stat. Auth.: ORS 194.335
Stats. Implemented: ORS 194.014
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0020; CORP 5-2008, f. 9-15-08 cert. ef. 10-15-08

160-100-0030

Signature of Notary Public

Whenever ORS 194.005 to 194.200, ORS 194.505 to 194.595 and OAR 160-100-0000 to 160-100-0620 require or permit a notary public to sign his or her name, the notary public shall sign the legal name that appears on the notary public's written application for appointment and commission.

For the purposes of this chapter, the legal signature on the notary public’s written application for appointment and commission must be proven with satisfactory evidence per ORS 194.515(8).

160-100-0040

Administrative Services Fees

The Secretary of State shall charge the following fees for performing the administrative services indicated:

(1) $10 for apostilles for public officials and notaries public.

(2) $10 for each notary public certificate of good standing.

(3) $10 for each notarial act performed by a Corporation Division notary public.

(4) $10 for each duplicate notary public commission.

(5) $10 for each duplicate Certificate of Authorization to Obtain Official Seal.

(6) $10 for processing a request to change the notary public's name on the notary public's written commission.

(7) $50 for each list of new notaries public.

(8) $50 for each standard list of all active notaries public.

Stat. Auth.: ORS 194.052 & 194.164
Stats. Implemented: ORS 177.130, 192.440, 194.020 194.052 & 194.164
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; Suspended by SOS-AD 2-1992(Temp), f. & cert. ef. 2-14-92; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0040; CORP 1-1994, f. 12-30-94, cert. ef. 1-1-95; CORP 7-2009, f. 12-22-09 cert. ef. 1-1-10; CORP 6-2010, f. 4-27-10, cert. ef. 5-3-10

Certificate of Authorization, Official Seal, and Official Seal Embosser

160-100-0100

Description of Imprint of Official Seal

(1) The reasonably legible imprint of an official seal of a notary public shall contain:

(a) The state seal, as described in ORS 186.020;

(b) The following words, in descending order, centered in the official seal to the right of the state seal:

(A) The words "Official Seal";

(B) The printed name of the notary public;

(D) The words "Commission No." immediately followed by the notary public’s commission number;

(E) The words "My Commission Expires", immediately followed by the notary public's commission expiration date, expressed in terms of the month, two-digit date, and complete year.

(2) The imprint of an official seal of a notary public shall be made with permanent black ink.

EXAMPLES: [Examples not included. See ED. NOTE.]

[ED. NOTE: Examples referenced are available from the agency.]

Stat. Auth.: ORS 194.031
Stats. Implemented: ORS 194.031
Hist.: SD 7-1978, f. & ef. 8-10-78; Renumbered from 165-027-0010; SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0100; CORP 2-2010, f. 1-22-10 cert. ef. 2-3-10; CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10; CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10

160-100-0110

Use of Official Seal

(1) A notary public shall use the notary public's official seal to perform a notarial act.

(2) A notary public shall use the notary public's official seal by placing a legible imprint of the official seal on a notarial certificate.

(3) A notary public shall not place an imprint of the notary public's official seal over any signature in a document to be notarized or in a notarial certificate, nor over any writing in a notarial certificate.

(4) When a notarial certificate is on a separate piece of paper attached to the document to be notarized or when there are attachments to the document to be notarized, a notary public may use an additional imprint of the notary public's official seal to mark for identification the document or attachment if the imprint does not make any part of the document or attachment illegible. The additional seal will be partially stamped on the notarial certificate, and partially on the document or attachment to the notarized document.

(5) A notary public shall not use the notary public's official seal for any purpose other than to perform a notarial act.

(6) A notary public shall not permit any other person to use the notary public's official seal for any purpose.

(7) A notary public shall not use any other notary public's official seal or any other object in lieu of the notary public's official seal to perform a notarial act.

Stat. Auth.: ORS 194.031
Stats. Implemented: ORS 194.005 & 194.031
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0110; CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10; CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10

160-100-0120

Description of Official Seal Embosser

(1) An official seal embosser of a notary public shall be two concentric circles each formed by a continuous solid or intermittent line.

(2) The embossment of the official seal embosser of a notary public shall contain the following legible printing:

(a) The name of the notary public centered at the top and between the two circles;

(b) The words "STATE OF OREGON" centered at the bottom and between the two circles;

Example: [Example not included. See ED. NOTE.]

[ED. NOTE: Example referenced is available from the agency.]

Stat. Auth.: ORS 194.031
Stats. Implemented: ORS 194.031
Hist.: SD 7-1978, f. & ef. 8-10-78; Renumbered from 165-027-0005; SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0120; CORP 8-2010(Temp), f. 6-11-10, cert. ef. 7-1-10 thru 12-28-10; CORP 10-2010, f. 8-30-10, cert. ef. 9-1-10

160-100-0130

Use of Official Seal Embosser

(1) A notary public may use an official seal embosser to perform a notarial act but only in addition to the notary public's official seal.

(2) If a notary public uses an official seal embosser, the notary public shall use it by placing the embossment on a notarial certificate.

(3) A notary public shall not place the embossment over any signature in a document to be notarized or in a notarial certificate nor over any writing in a notarial certificate.

(4) When a notarial certificate is on a separate piece of paper attached to the document to be notarized or when there are attachments to the document to be notarized, such as pictures, a notary public may use an additional embossment of the notary public's official seal to mark for identification the document or attachment if the embossment does not make any part of the document or attachment illegible.

(5) A notary public shall not use the notary public's official seal embosser for any purpose other than to perform a notarial act.

(6) A notary public shall not permit any other person to use the notary public's official seal embosser for any purpose.

(7) A notary public shall not use any other notary public's official seal embosser or any other object in lieu of the notary public's official seal embosser to perform a notarial act.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.031
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0130

160-100-0140

Filing Imprint of Official Seal with Secretary of State

A notary public shall file the following information with the Secretary of State within ten days after the date the notary public receives the notary public's official seal and Certificate of Authorization from a vendor of official seals:

(1) An imprint of the notary public's official seal. The imprint shall be placed in the location designated for the imprint on the Certificate of Authorization;

(2) The Certificate of Authorization. The Certificate of Authorization shall be the original Certificate of Authorization issued by the Secretary of State to the notary public. The Certificate of Authorization shall be completed by the vendor with the information required on the Certificate of Authorization.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.031
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0140

160-100-0150

Notification of Secretary of State That Certificate of Authorization is Unusable

(1) A notary public whose Certificate of Authorization is lost, misplaced, destroyed or otherwise unusable shall file with the Secretary of State a written statement, under oath or affirmation, within ten days after the date the notary public discovers that the Certificate of Authorization was lost, misplaced, destroyed or otherwise unusable.

(2) The statement shall set forth:

(a) A statement of whether the Certificate of Authorization is lost, misplaced, destroyed or in some other manner made unusable;

(b) An explanation of how the Certificate of Authorization became unusable;

(d) If lost or misplaced, a statement that the notary public does not possess the Certificate of Authorization and does not know who possesses it or where it is located;

(e) If lost or misplaced, a statement that if the notary public subsequently reacquires possession of the lost or misplaced Certificate of Authorization, then the notary public shall file it with the Secretary of State within ten days after the date the notary public reacquires possession of the lost or misplaced Certificate of Authorization;

(f) A request that the Secretary of State issue a duplicate Certificate of Authorization to the notary public.

(3) The Secretary of State shall issue a duplicate Certificate of Authorization to the notary public as if the notary public had made a request pursuant to ORS 194.031(5).

(4) A notary public who is issued a duplicate Certificate of Authorization pursuant to this rule shall use it to comply with the requirements of ORS 194.010(4) and OAR 160-100-0140. To comply with OAR 160-100-0140, the notary public shall file with the Secretary of State an imprint of the notary public's seal and the duplicate Certificate of Authorization within ten days after the notary public receives the completed duplicate Certificate of Authorization from a vendor of official seals.

(5) If a notary public subsequently reacquires possession of a lost or misplaced Certificate of Authorization, then the notary public shall file with the Secretary of State a written statement of explanation and the lost or misplaced Certificate of Authorization within ten days after the date the notary public reacquires possession of the lost or misplaced Certificate of Authorization.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.335
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0150

160-100-0160

Notification of Secretary of State That Official Seal is Unworkable

(1) A notary public whose official seal is lost, misplaced, destroyed, broken, damaged or otherwise unworkable shall personally deliver or mail to the Secretary of State a written statement, under oath or affirmation, within ten days after the date the notary public discovers that the seal was lost, misplaced, destroyed, broken, damaged or otherwise unworkable.

(2) The statement shall include:

(a) A statement of whether the official seal is lost, misplaced, destroyed, broken, damaged or in some other manner made unworkable;

(b) An explanation of how the official seal became unworkable;

(d) If lost or misplaced, a statement that the notary public does not possess the official seal and does not know who possesses it or where it is located;

(e) If lost or misplaced, a statement that if the notary public subsequently reacquires possession of the lost or misplaced official seal, then the notary public shall file it with the Secretary of State within ten days after the date the notary public reacquires possession of the lost or misplaced official seal;

(f) A request that the Secretary of State issue a duplicate Certificate of Authorization to the notary public.

(3) A notary public who is issued a duplicate Certificate of Authorization pursuant to ORS 194.031(5) and this rule shall use it to comply with the requirements of ORS 194.010(4) and OAR 160-100-0140. To comply with OAR 160-100-0140, the notary public shall file with the Secretary of State an imprint of the notary public's official seal and duplicate Certificate of Authorization within ten days after the notary public receives the completed duplicate Certificate of Authorization from the official seal vendor or vendor's representative.

(4) If a notary public subsequently reacquires possession of a lost or misplaced official seal, then the notary public shall file with the Secretary of State a written statement of explanation and the lost or misplaced official seal within ten days after the date the notary public reacquires possession of the lost or misplaced official seal.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.031
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0160

160-100-0170

Concurrent Official Seal

(1) In addition to the original official seal, a notary public may apply for one duplicate, concurrent official seal.

(2) A notary public requesting a concurrent official seal under this rule shall personally deliver or mail to the Secretary of State a written request under oath or affirmation for a duplicate Certificate of Authorization to Obtain an Official Seal.

(3) The request shall include:

(a) An explanation that the concurrent official seal is needed due to circumstances that would otherwise hinder or prevent carrying out notarial duties in more than one location. Such circumstances could include duty in a secured facility, e.g. a correctional institution, courthouse or jail.

(b) A statement that the concurrent official seal will be kept in a single, secure location for the remainder of the current notary commission, or until the notary no longer has access to that location.

(d) A request that the Secretary of State issue a duplicate Certificate of Authorization to the notary public.

(4) A request for a duplicate Certificate of Authorization may be approved or rejected at the discretion of the Secretary of State. Notification of approval or rejection shall be sent to the applicant within 5 business days of the decision.

(5) The reason(s) for rejection shall be listed on the notification sent to the applicant.

(6) A notary public who is issued a duplicate Certificate of Authorization pursuant to ORS 194.031(5) and this rule shall use it to comply with the requirements of ORS 194.010(4) and OAR 160-100-0140. To comply with OAR 160-100-0140, the notary public shall file with the Secretary of State an imprint of the notary public's concurrent official seal and duplicate Certificate of Authorization within ten days after the notary public receives the completed duplicate Certificate of Authorization from the official seal vendor or vendor's representative.

(7) Every law governing use of the original official seal applies with equal force to use of a concurrent official seal authorized by this rule.

(8) For purposes of this rule, "original official seal" includes any replacement official seal authorized under OAR 160-100-0160.

Stat. Auth.: ORS 194.335
Stats. Implemented: ORS 194.031
Hist.: CORP 3-2005, f. & cert. ef. 11-1-05

Notarial Journal

160-100-0200

Form and Content of Notarial Journal

A notarial journal of a notary public may be in any form that meets the physical requirements set out in this rule and the entry requirements set out in OAR 160-100-0210:

(1) The cover and pages inside the cover shall be bound together by any binding method that is designed to prevent the insertion or removal of the cover or a page;

(2) Each page shall be consecutively numbered from the beginning to the end of the journal. If a journal provides two pages on which to record the required information about the same notarial act, then both pages may be numbered with the same number or each page may be numbered with a different number. A page number shall be preprinted;

(3) Each line shall be consecutively numbered from the beginning to the end of the page. If a line extends across two pages, the line shall be numbered with the same number on both pages. A line number shall be preprinted;

(4) A notarial journal of a notary public shall contain on the inside of the front cover or on the first page the following information in any order:

(a) The name of the notary public;

(b) The notary public's commission number;

(d) The notary public's residence or business street or mailing address;

(e) The earliest date the journal may be destroyed, which shall be seven years after expiration of the last commission in which entry was made in the journal;

(f) One of the following statements:

(A) That, in the event of the decease of this notary public, the journal shall be delivered or mailed to the Secretary of State; or

(B) That, in the event the notary public has entered into a written agreement with his/her employer pursuant to OAR 160-100-0360, the date such written agreement was entered into, the name and address of the employer and instructions that the journal shall be delivered or mailed to the employer in the event of the decease of the notary public;

(g) The meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal;

(h) The signature of the notary public;

(i) At the respective time of entry, the dates of the first and last notarial acts recorded in the notarial journal.

EXAMPLE: First entry on July 6, 1990, last entry on January 7, 1992.

(5) If a notary public's name, commission number, commission expiration date, destruction date or address that is written in the notarial journal changes before the notary public ceases to use the notarial journal, the notary public shall draw a single line through the old information and write the new information to the side of the old information.

(6) Notwithstanding OAR 160-100-0170, a notary public may not have more than one journal in active use, even if he or she has been issued a concurrent seal. All entries of notarizations shall comply with chronologically consecutive entries in the format outlined by the rules of this chapter.

Stat. Auth.: ORS 194.152
Stats. Implemented: ORS 194.152
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0200; CORP 2-2007, f. 12-14-07 cert. ef. 1-15-08

160-100-0210

Information Required to Be Recorded in Notarial Journal

Except as provided in OAR 160-100-0220 and 160-100-0230, a notary public shall record in a notarial journal the following information about each notarial act performed by the notary public:

(1) The date and time the notarial act was performed;

(2) The type of notarial act performed;

(3) The date of the document notarized;

(4) The type of document notarized;

(5) The printed name of the person whose statement, signature or document was notarized;

(6) The signature of the person whose statement, signature or document was notarized.

(7) A description of how the notary public identified the person whose statement, signature or document was notarized. The description shall be as follows:

(a) If the notary public identified such person by personally knowing the person, then the description shall consist of the statements either "personally known" or "personal knowledge";

(b) If the notary public identified such person by seeing and hearing a credible witness personally known to the notary public testify under oath or affirmation, then the description shall consist of, in the following order, the legal name and residence street address of the witness;

(c) If the notary public identified such person by seeing identification documents, then the description shall consist of, in the following order, the name of the organization that issued the document; the type of document and the document's expiration date. For example, State of Oregon Driver License 8-8-2008.

(8) An entry may contain any other information.

160-100-0220

Abbreviated Multiple Entry in Notarial Journal

(1) If a notary public notarizes duplicate originals of a single statement or document for the same person on the same date, the notary public may, in lieu of recording individually in the notarial journal the information required by OAR 160-100-0210 for each notarized duplicate original, record a single entry in the notarial journal for all notarizations of the statement or document, which shall set forth all the information required by OAR 160-100-0210, and the total numbers of the statement or document notarized.

(2) If a notary notarizes different statements or documents for the same person on the same date, the notary public may, in lieu of recording individually in the notarial journal the information required by OAR 160-100-0210 for each notarized statement or document, record a single entry in the notarial journal for all notarizations of such statements or documents, which shall set forth the number of statements or documents and the information required by OAR 160-100-0210(1), (2), (5), (6) and (7), and for each statement or document the information required by OAR 160-100-0210(3) and (4) and, if there are duplicate originals of any statement or document, the total number of the statement or document notarized.

(3) If a notary public notarizes more than one statement, signature or document for the same person but not on the same date, the notary public may, in lieu of recording individually in the notarial journal the information required by OAR 160-100-0210(5) and (7) for each notarization for that person, record a reference to a prior entry in the notarial journal for that person (identifying the page and line numbers of the prior entry) which prior entry shall set forth the information required by OAR 160-100-0210(5) and (7).

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.152
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0220

160-100-0230

Notarial Acts Not Required to be Recorded in Notarial Journal

A notary public may, but is not required to, record in a notarial journal any information about the following notarial acts performed or documents notarized by the notary public:

(1) Administering an oath or affirmation;

(2) Certifying or attesting a copy of a document;

(3) Affidavits;

(4) Billing statements for media advertising;

(5) Protests of commercial paper (to be recorded as provided in ORS 194.090 and 73.0505).

(6) Verifications upon oath or affirmation.

Stat. Auth.: ORS 194.152(2)
Stats. Implemented: ORS 194.152
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; SOS-AD 3-1990(Temp), f. & cert. ef. 7-2-90; SOS-AD 1-1991, f. & cert. ef. 1-7-91; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0230

160-100-0240

Information Required to be Recorded in Record of Protests

A notary public shall maintain a record of information about each protest of commercial paper performed by the notary public consisting of copies of source originals.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.090
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-240

Disposition of Notarial Records UponTermination of Commission

160-100-0301

Disposition of Notarial Records Upon Termination of Commission, Termination of Commission Due to Expiration -- No Application for New Commission -- ORS 194.154

(1) A notary public whose commission was terminated because of expiration, and who has not applied for a new commission within 30 days after the date of termination shall arrange for the storage of his/her notarial records, except records of protests of commercial paper (see OAR 160-100-0350), in any form and at any location. The records or any reproduction of the records must be readable and the notary public must be able to obtain possession of such records within 15 days of receipt of a request for such records.

(2) A notary public shall file a statement with the Secretary of State within ten days after the date the notary public stored such records. The statement shall include:

(a) The name of the notary public;

(b) The notary public’s commission number;

(d) The cause of termination of the notary public’s commission, i.e., expiration;

(e) The date the notary public stored such notarial records;

(f) The street address and exact location at such address where such records are stored and any subsequent relocation of such records.

(3) A notary public shall store such records for a period of seven years after the date of commission expiration. After the seven-year period, the notary public may destroy such records.

(4) A notary public shall destroy the official seal and/or official seal embosser immediately upon expiration of the commission.

Stat. Auth.: ORS 194.154
Stats. Implemented: ORS 194.154
Hist.: CORP 4-2010, f. 2-22-10, cert. ef. 3-1-10

160-100-0310

Termination of Commission Due to Expiration -- Application for New Commission Made Within 30 Days

(1) A notary public whose commission was terminated because of expiration and who has filed with the Secretary of State an application for a new commission within 30 days after the date of termination shall retain his/her notarial records at the notary public's residence or business location. Such records may be retained in any form as long as such records or any reproduction of such records are readable.

(2) If the notary public is issued a new commission within three months after the date of termination, then the notary public shall continue to retain his/her notarial records at the notary public's residence or business location. Such records may be retained in any form as long as such records or any reproduction of such records are readable. Such records shall be retained for a period of seven years after the date of expiration of the prior commission during which the records were kept. After the seven-year period, the notary public may destroy such records.

(3) If the notary public is not issued a commission for any reason within three months after the date of expiration, then the notary public shall arrange for the storage of his/her notarial records as required by OAR 160-100-0301.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.154
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0310

160-100-0320

Termination of Commission Due to Resignation

(1) A notary public whose commission was terminated because of resignation shall arrange for the storage of his/her notarial records, except records of protests of commercial paper (see OAR 160-100-0350), in any form and at any location within 30 days following resignation. The records or any reproduction of the records must be readable and the notary public must be able to obtain possession of such records within 15 days of receipt of a request for such records.

(2) A notary public shall file a statement with the Secretary of State within ten days after the date the notary public stored such records. The statement shall include:

(a) The name of the notary public;

(b) The notary public's commission number;

(d) The cause of termination of the notary public's commission, i.e., resignation and an explanation why the notary public is resigning;

(e) The notary public's resignation date;

(f) The date the notary public stored such notarial records;

(g) The street address and exact location at such address where such records are stored and any subsequent relocation of such records.

(3) A notary public shall store such records for a period of seven years after the date of resignation. After the seven-year period, the notary public may destroy such records.

(4) At the same time that the notary public files the statement required by section (2) of this rule with the Secretary of State, a notary public shall file with the Secretary of State the notary public's official seal and official seal embosser, if any. The Secretary of State may destroy the official seal and/or official seal embosser upon receipt.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.154
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0320

160-100-0330

Termination of Commission Due to Revocation

(1) A notary public whose commission was terminated because of revocation shall file his/her notarial records with the Secretary of State within 30 days after the date of revocation.

(2) At the same time that the notary public files such records with the Secretary of State, a notary public shall file a statement with the Secretary of State. The statement shall include:

(a) The name of the notary public;

(b) The notary public's commission number;

(d) The cause of termination of the notary public's commission, i.e., revocation;

(e) The notary public's commission revocation date.

(3) At the same time that the notary public files such records and statement with the Secretary of State, a notary public shall file with the Secretary of State the notary public's official seal and official seal embosser, if any.

(4) The Secretary of State shall store such records for a period of seven years after the date of revocation. After the seven-year period, the Secretary of State may destroy such records. The Secretary of State may destroy the official seal and/or official seal embosser upon receipt.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.154
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0330

160-100-0340

Termination of Commission Due to Death

(1) Within 30 days of termination of a notary public's commission as a result of death, an heir or personal representative of the notary public shall file the notary public's notarial records with the Secretary of State, unless the notary public entered into a written agreement with his/her employer pursuant to OAR 160-100-0360.

(2) The heir or personal representative shall file a statement with the Secretary of State. The statement shall include:

(a) The name of the notary public;

(b) The notary public's commission number;

(d) The cause of termination of the notary public's commission, i.e., the notary public is deceased;

(e) The notary public's date of death.

(3) At the same time that an heir or personal representative files such record and statement with the Secretary of State, an heir or personal representative shall file with the Secretary of State the notary public's official seal and official seal embosser, if any.

(4) The Secretary of State shall store such records for a period of seven years after the date of decease of the notary public. After the seven-year period, the Secretary of State may destroy such records. The Secretary of State may destroy the official seal and/or official seal embosser upon receipt.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.156
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0340

160-100-0350

Record of Protests of Commercial Paper

(1) A notary public whose commission terminates because of expiration, resignation or revocation, shall file his/her records of protests of commercial paper and any other notarial record relating only to protests of commercial paper with the Secretary of State within 30 days after the date of termination.

(2) At the same time that the notary public files such records with the Secretary of State, a notary public shall file a statement with the Secretary of State. The statement shall include:

(a) The name of the notary public;

(b) The notary public's commission number;

(d) The cause of termination of the notary public's commission, i.e., expiration, resignation or revocation;

(e) The notary public's commission termination date.

(3) The Secretary of State shall store such records for a period of seven years after the date of termination. After the seven-year period, the Secretary of State may destroy such records.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.130
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0350

160-100-0360

Notary Public's Responsibilities When Agreement Has Been Entered into with Employer

A notary public who has entered into an agreement with his/her employer relating to the employer's retention and disposal of the notary public's notarial records following termination of employment pursuant to ORS 194.152(3) shall retain a written copy of the agreement which may be examined by the Secretary of State upon request. The agreement shall contain at least the following information:

(1) Date agreement was entered into;

(2) Names of parties to agreement;

(3) Terms of agreement, including retention of records by the employer for a period not less than seven years after termination of the notary's commission;

(4) Signatures of all parties to agreement.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.152
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0360

Notarial Fees and Waiver of Notarial Fees

160-100-0400

Maximum Amount of Notary Fees Permitted to be Charged

A notary public shall not charge, attempt to charge, or receive a notary fee that is more than:

(1) $10 for taking an acknowledgment;

(2) $10 for taking a verification upon an oath or affirmation;

(3) $10 for administering an oath or affirmation without a signature;

(4) $10 for certifying a copy of a document;

(5) $10 for witnessing or attesting a signature;

(6) $10 for protesting commercial paper, except a check drawn on an insolvent financial institution in which case the fee is $0.

Stat. Auth.: ORS 194.164
Stats. Implemented: ORS 194.164
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0400; CORP 7-2009, f. 12-22-09 cert. ef. 1-1-10

160-100-0410

Displaying List of Notary Fees

A notary public who charges a fee for a notarial act shall either display a list of notary fees specified in OAR 160-100-0400 in a conspicuous location in the notary public's place of business or give a copy of the notice to any person requesting a notarial act to read before having the notarial act performed. A place of business is the notary public's residence, business office or any other location in which the notary public performs a notarial act.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.162
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0410

160-100-0420

Filing Statement of Waiver of Notary Fees; Withdrawing Statement of Waiver

(1) A notary public may file with the Secretary of State a statement waiving the right to charge a notary fee.

(2) If a notary public files a written statement of waiver, then the notary public shall:

(a) Not charge, attempt to charge or receive any notary fee for a notarial act performed after the date the notary public filed the statement of waiver;

(b) Not display a list of notary fees otherwise required by OAR 160-100-0410.

(3) If a notary public who has filed a statement of waiver wants to charge a fee to perform a notarial act, then notary public shall file with the Secretary of State a written statement withdrawing the statement of waiver and shall comply with the requirements of OAR 160-100-0400 and 160-100-0410.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.010
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0420

Complaints Against Notaries Public

160-100-0430

Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State – ORS 194.335

(1) A person may file a complaint against a notary public with the Secretary of State. A complaint shall be submitted on the standard form provided by the Secretary of State, signed and dated by the person filing the complaint. A complaint that does not comply with the requirements of this section shall not be filed, responded to or acted upon by the Secretary of State.

(2) The Secretary of State may commence an investigation of a notary public as a result of information received from any source.

(3) Complaint forms received by the Secretary of State are not exempt from disclosure under Public Records Law, and shall be available to the accused notary public and others under ORS 192.410 to 192.505.

(4) Notwithstanding paragraph (3), personal information of the complainant revealed in a notary public complaint shall not be disclosed if:

(a) The complainant can show that public disclosure thereof would constitute an unreasonable invasion of privacy, unless

(b) In the determination of the Secretary of State, the public interest by clear and convincing evidence requires disclosure in the particular instance.

(c) "Personal information" shall, in this context, include but not be limited to the residence address, phone number and identifying information, such as Social Security Number, driver's license. The name of the complainant and incidental information do not fall within the definition of "personal information."

(5) An investigation of the Secretary of State under paragraphs (1) and (2) of this section may include:

(a) An initial request for information from the accused notary;

(b) A copy of the complaint forwarded to the accused; and

(6) A notary, upon request by the Secretary of State, shall disclose the contents of the notary's journal or journals, or any parts thereof, as part of the investigative process. The notary shall provide accurate, true and complete copies of the requested information, and/or shall provide the journal in question for examination by the Secretary of State.

(7) Upon a finding by the Secretary of State, copies of the finding shall be mailed to the complainant and the accused.

(8) Failure of an accused notary to comply with Secretary of State investigation directives shall result in revocation of the commission, subject to the provisions of ORS 183.413 to 183.470.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.166 & ORS 194.335
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0430; CORP 1-2001, f. 6-14-01, cert. ef. 7-1-01

Conviction of a Notary Public or Notary Public Applicant of a Felony
or Lesser Offense Incompatible with the Duties of a Notary Public

160-100-0500

Notification of Secretary of State of Conviction

Within 30 days of having been convicted of any felony or lesser offense incompatible with the duties of a notary public, the notary public shall file a written statement with the Secretary of State containing the following information:

(1) The name of the notary public;

(2) The notary public's commission number;

(3) The notary public's Commission expiration date;

(4) Type of conviction;

(5) Court and jurisdiction of court in which convicted;

(6) Sentence imposed by court.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.166 & ORS 194.335
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0500

160-100-0510

Conviction of a Lesser Offense Incompatible with the Duties of a Notary Public

"Conviction of a lesser offense incompatible with the duties of a notary public" as cited in ORS 194.166(4) and OAR 160-100-610(67) shall mean having been convicted in any court of the State of Oregon or any other state or federal jurisdiction of one of the crimes listed below or any comparable crime:

(1) 162.075 -- False swearing;

(2) 162.085 -- Unsworn falsification;

(3) 162.235 -- Obstructing governmental or judicial administration;

(4) 162.295 -- Tampering with physical evidence;

(5) 162.305 -- Tampering with public records;

(6) 162.335 -- Compounding a felony;

(7) 162.355 -- Simulating legal process;

(8) 162.365 -- Criminal impersonation;

(9) 162.375 -- Initiating a false report;

(10) 162.385 -- Giving false information to police officer for a citation;

(11) 162.425 -- Misuse of confidential information;

(12) 165.007 -- Forgery in the 2nd degree;

(13) 165.017 -- Criminal possession of a forged instrument in the 2nd degree;

(14) 165.037 -- Criminal simulation;

(15) 165.042 -- Fraudulently obtaining a signature;

(16) 165.080 -- Falsifying business records;

(17) 165.095 -- Misapplication of entrusted property;

(18) 165.100 -- Issuing a false financial statement;

(19) 165.102 -- Obtaining execution of documents by deception;

(20) Any misconduct identified of the notary offenses listed in ORS 194.990;

(21) Any other offense of a similar nature to the above listed crimes which is incompatible with the duties of a notary public.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.166
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0510

Administrative Actions

160-100-0600

Refusal to Issue, Revocation, Suspension, Civil Penalties and Official Warning for Official Misconduct

(1) OAR 160-100-0610 identifies official misconduct, as defined in ORS 194.005(8), and identifies sanctions that may be taken by the Secretary of State for first acts of misconduct, including refusing to issue, revoking, or suspending a commission in ORS 194.166, assessing a civil penalty in ORS 194.980, or issuing an official warning in ORS 194.985.

(2) The Secretary of State may assess increasingly severe sanctions up to and including a $1500 civil penalty and revocation of a notary public's commission, where applicable, for:

(a) Failure to correct or cease official misconduct within time periods specified by the Secretary of State in a final order (final notice of assessment) or Official Warning letter;

(b) A repeated act or acts of official misconduct which occur subsequent to any previous sanction assessed by the Secretary of State for the same type of misconduct;

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.166, ORS 194.980 & ORS 194.985
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0600

160-100-0610

Conduct Which Constitutes Official Misconduct

As provided in OAR 160-100-0600, the following conduct constitutes official misconduct, as defined in ORS 194.005, for purposes of refusing to issue, revoke or suspend a notary public's commission pursuant to 194.166, assessing a civil penalty against a person pursuant to 194.980, or issuing an official warning to a person pursuant to 194.985:

(1) A person, who is in the business of making or selling official seals, provided an official seal to a person who did not present to such vendor the original Certificate of Authorization issued by the Secretary of State to the person pursuant to ORS 194.010(2). See 194.010(4)(a). Sanction for First Act of Misconduct: Official warning.

(2) A person performed a notarial act within the state of Oregon when the person was not commissioned as a notary public. See ORS 194.012. Sanction for First Act of Misconduct: Refuse to commission. (Class B Misdemeanor)

(3) A notary public used as an official seal an object that was not a stamp, or was a stamp but the stamp was made of a substance that was incapable of making a legible imprint on paper or was incapable of making an imprint that could be legibly reproduced under a photographic method. See ORS 194.031(1). Sanction for First Act of Misconduct: Official warning.

(4) A notary public, who received the notary public's official seal from a vendor of official seals, did not file with the Secretary of State an imprint of the notary public's official seal and the information required by OAR 160-100-0140 within ten days after the date the notary public received the official seal from the vendor. See ORS 194.031(5). Sanction for First Act of Misconduct: Official warning.

(5) A notary public, whose official seal was lost, misplaced, destroyed, broken, damaged or otherwise unworkable, did not personally deliver or mail to the Secretary of State a written notice of that fact within ten days after the date the notary public discovered that the notary public's official seal was lost, misplaced, destroyed, broken, damaged or otherwise unworkable. See ORS 194.031(6) and OAR 160-100-0160(1). Sanction for First Act of Misconduct: Official warning.

(6) A notary public used the notary public's seal embosser in lieu of the notary public's official seal. See ORS 194.031(7) and OAR 160-100-0130(1). Sanction for First Act of Misconduct: Official warning.

(7) A notary public performed a notarial act in another state pursuant to the authority of the notary public's Oregon commission. See ORS 194.043. Sanction for First Act of Misconduct: Official warning.

(8) A notary public did not deliver or mail to the Secretary of State a written notice of change of address within 30 days after the date the notary public changed the notary public's residence or business street or mailing address. See ORS 194.047 and 194.166(15). Sanction for First Act of Misconduct: Official warning.

(9) A notary public performed a notarial act using a new name different than the notary public's name as it appeared on the notary public's written commission. See ORS 194.052(1). Sanction for First Act of Misconduct: Official warning.

(10) A notary public did not deliver or mail to the Secretary of State a written notice of change of name within 30 days after the date the notary public's name changed. See ORS 194.052(2) and 194.166(15). Sanction for First Act of Misconduct: Official warning.

(11) A notary public who does not meet the qualifications of ORS 194.070(1) protested commercial paper, as provided in ORS 73.0505. Sanction for First Act of Misconduct: Official Warning.

(12) A notary public issued a certificate of dishonor of a negotiable instrument (also known as a protest of commercial paper as defined in ORS 73.0505(2)) but in the certificate did not identify the negotiable instrument protested, certify that due presentment was made or the reason why presentment was excused, or certify that the instrument protested was dishonored by nonacceptance or nonpayment, as required by ORS 73.0505(2). See 194.070. Sanction for First Act of Misconduct: Official warning.

(13) A notary public did not keep a record of all certificates of dishonor (also known as a protest of commercial paper as defined in ORS 73.0505(2)) issued by the notary public during the term of a commission. See 194.090. Sanction for First Act of Misconduct: Official warning.

(14) A notary public performed an acknowledgment of a document executed by a corporation of which the notary public was a shareholder, director, officer or employee at the time of the notarization when the notary public was a party to the document either in an individual or representative capacity. See ORS 194.100(2)(a). Sanction for First Act of Misconduct: Official warning.

(15) A notary public issued a certificate of dishonor of a negotiable instrument (also known as a protest of commercial paper as defined in ORS 73.0505(2) that was owned or held for collection by a corporation of which the notary public was a shareholder, director, officer or employee of a corporation at the time of the notarization when the notary public was a party to the negotiable instrument in an individual capacity. See 194.100(2)(b). Sanction for First Act of Misconduct: Official warning.

(16) A notary public issued a certificate of dishonor (also known as a protest of commercial paper as defined in ORS 73.0505(2) of a non-commercial or other document that does not fit the definition of negotiable instrument as defined in ORS 73.0104. See 194.070. Sanction for First Act of Misconduct: Official warning.

(17) A notary public issued a certificate of dishonor (also known as a protest of commercial paper as defined in ORS 73.0505(2) in a manner not in accordance with ORS 73.0505. See 194.070. Sanction for First Act of Misconduct: Official warning.

(18) A notary public did not provide, keep, maintain or protect a chronological journal of notarial acts performed by the notary public during the term of a commission. See ORS 194.152(1). Sanction for First Act of Misconduct: Official warning.

(19) A notary public whose commission was terminated because of expiration and who did not reapply did not arrange for the storage of his/her notarial records, file a statement with Secretary of State or destroy the notary public's official seal and official seal embosser, if any. See ORS 194.154 and OAR 160-100-0301. Sanction for First Act of Misconduct: Official warning.

(20) A notary public whose commission terminated because of resignation did not arrange for the storage of his/her notarial records, file a statement or the notary public's official seal and official seal embosser, if any, with the Secretary of State. See ORS 194.154 and OAR 160-100-0320. Sanction for First Act of Misconduct: Official warning.

(21) A notary public whose commission terminated because of revocation did not file his/her notarial records, a statement or the notary public's official seal and official seal embosser, if any, with the Secretary of State. See ORS 194.154 and OAR 160-100-0330. Sanction for First Act of Misconduct: $500.

(22) A notary public whose commission terminated because of expiration and who filed an application for a new commission within 30 days after the date of termination but was not issued a new commission within 90 days after the date of termination, did not dispose of the notary public's notarial records in accordance with OAR 160-100-0310 within 90 days after the date of termination. See ORS 194.154(3). Sanction for First Act of Misconduct: Official warning.

(23) A notary public notarized a document in which the notary public signed or was named other than as a notary public. See ORS 194.158(1). Sanction for First Act of Misconduct: Official warning.

(24) A notary public endorsed or promoted a product, service, contest or other offering by using the notary public's title or official seal. See ORS 194.158(2). Sanction for First Act of Misconduct: $500 civil penalty.

(25) A notary public made a representation that the notary public had powers, qualifications, rights or privileges that the notary public did not have. See ORS 194.162(2). Sanction for First Act of Misconduct: $500 civil penalty.

(26) A notary public, who was not licensed to practice law in the state of Oregon and who advertised in a language other than English to perform a notarial act, did not include in the advertisement the statement: "I am not licensed to practice law in the state of Oregon and I am not permitted to give legal advice on immigration or other legal matters or accept fees for legal advice." This should be written in the same language used in the advertisement and in English and prominently displayed. See ORS 194.162(3)(a) and 194.166(10). Sanction for First Act of Misconduct: Official warning.

(27) A notary public, who was not licensed to practice law in the state of Oregon and who advertised in a language other than English to perform a notarial act, did not include in the advertisement a list of notarial fees specified in OAR 160-100-0410. See ORS 194.162(3)(b) and 194.166(10). Sanction for First Act of Misconduct: Official warning.

(28) A notary public, who was not licensed to practice law in the state of Oregon and who advertised in a language other than English to perform a notarial act, did not display the statement and list of notarial fees required by ORS 194.162(3) in a conspicuous place in the notary public's place of business. See ORS 194.162(4) and 194.166(10). Sanction for First Act of Misconduct: Official warning.

(29) A notary public used the term "notario publico" or a non-English equivalent term in a business card, advertisement, notice, sign or in any other manner which misrepresents the authority of the notary public. See ORS 194.162(5). Sanction for First Act of Misconduct: Official warning.

(30) A notary public who charged a fee for traveling to perform a notarial act did not explain to the person who requested the notarial act that the traveling fee was in addition to the fee to perform the notarial act or was not required by law, or did not obtain in advance the agreement of the person who requested the notarial act to the amount of the traveling fee. See ORS 194.164(2). Sanction for First Act of Misconduct: Official warning.

(31) A notary public, except a notary public who filed with the Secretary of State a statement waiving the right to charge a notary fee, did not comply with the fee display requirements specified in OAR 160-100-0410. See ORS 194.164(3). Sanction for First Act of Misconduct: Official warning.

(32) A notary public failed to maintain the qualifications to be a notary public required under ORS 194.022. See ORS 194.166(1). Sanction for First Act of Misconduct: Revocation of commission.

(33) A notary public purports to be a citizen of a country other than one officially recognized by the United States Department of State. See ORS 194.005(3). Sanction for First Act of Misconduct: Official warning.

(34) A notary public or notary public applicant made a substantial and material misstatement or omission of fact in an application submitted to the Secretary of State. See ORS 194.166(2). Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(35) A notary public or notary public applicant was convicted of a felony, or of a lesser offense incompatible with the duties of a notary public. See ORS 194.166(4) and OAR 160-100-0510. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(36) A notary public or a notary public applicant had a professional license that was issued by a governmental entity revoked, suspended, restricted or denied for misconduct, dishonesty or a cause substantially relating to the duties or responsibilities of a notary public. See ORS 194.166(5). Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(37) A notary public was judicially determined to be liable for damages in a suit for fraud or misrepresentation or in a suit for failing to discharge fully and faithfully the duties as a notary public. See ORS 194.166(6). Sanction for First Act of Misconduct: Revocation of commission.

(38) A notary public used a false or misleading advertisement in which the notary public represented that the notary public had powers, qualifications, rights or privileges that the office of notary public does not have, including but not limited to the power to counsel on immigration matters. See ORS 194.166(7). Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

(39) A notary public engaged in the unauthorized practice of law. See ORS 194.166(8). Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

(40) A notary public charged a notary fee that was more than the maximum fee specified in OAR 160-100-0400. See ORS 194.166(9). Sanction for First Act of Misconduct: $500 civil penalty.

(41) A notary public committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another or substantially injure another. See ORS 194.166(11). Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

(42) A notary public executed a notarial certificate that contained a statement known to the notary public to be false. See ORS 194.166(13). Sanction for First Act of Misconduct: $500 civil penalty.

(43) A notary public used an official seal or official seal embosser that did not conform to ORS 194.031, OAR 160-100-0100 and 160-100-0120 to perform a notarial act. See ORS 194.166(14). Sanction for First Act of Misconduct: Official warning.

(44) A notary public did not determine either from personal knowledge as defined in ORS 194.515(7) or from satisfactory evidence as defined in ORS 194.515(6) and 194.515(8) that the person acknowledging a document as defined in 194.505(1) in the presence of the notary public was the person whose signature was on the document. See 194.515(1). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(45) A notary public did not determine either from personal knowledge as defined in ORS 194.515(7) or from satisfactory evidence as defined in 194.515(6) and 194.515(8) that the person verifying a statement by oath or affirmation as defined in 194.505(3) in the presence of the notary public is the person whose signature was on the statement. See 194.515(2). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(46) A notary public did not determine either from personal knowledge as defined in ORS 194.515(7) or from satisfactory evidence as defined in 194.515(6) and 194.515(8) that the signature on a document was the signature of the person signing the document in the presence of the notary public and named in the document. See 194.515(3). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(47) A notary public did not determine from satisfactory knowledge as defined in ORS 194.515(6) and 194.515(8) that the copy of a document presented to the notary public was a complete and correct transcription or reproduction of the document presented. See 194.515(4). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(48) A notary public did not determine or from satisfactory knowledge as defined in ORS 194.515(6) and 194.515(8) the identity of the negotiable instrument, that presentment was required and made, or that presentment was excused and not made and the reason why presentment was excused, that the instrument was dishonored by nonacceptance or nonpayment, or all or any combination of the above. See 194.515(5). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(49) A notary public did not evidence a notarial act by issuing a notarial certificate as defined in ORS 194.005(5) containing the signature of the notary public, the title of the notary public, the date the notary public's commission expires, the date the notary public performed the notarial act, the name of the governmental jurisdiction in which the notarial act was performed, the official seal of the notary public, and, if a United States commissioned officer on active duty, then also the notary public's military rank. See ORS 194.565(1). Sanction for First Act of Misconduct: Official warning.

(50) A notary public did not evidence a notarial act by a notarial certificate as defined in ORS 194.005(5) in a form prescribed by a law of the United States or of the State of Oregon or, if not prescribed, then in a form permitted by 194.575 or in a form designed by the notary public that describes the acts of the notary public and such acts meet all of the requisite elements of the notarial act. See 194.565(2). Sanction for First Act of Misconduct: Official warning.

(51) A notary public engaged in any other act or omission involving any act prohibited or mandated by ORS 194.005 to 194.200, 194.505 to 194.595 or any rule adopted by the Secretary of State or any other law governing notarization. See 194.005(8). Sanction for First Act of Misconduct: $500 civil penalty.

(52) A notary public did not use the notary public's official seal in performing a notarial act. See OAR 160-100-0110(1). Sanction for First Act of Misconduct: Official warning.

(53) A notary public used the notary public's official seal or official seal embosser to perform a notarial act but did not place an imprint of the official seal or official seal embosser on a notarial certificate. See OAR 160-100-0110(2) and 160-100-0130(2). Sanction for First Act of Misconduct: Official warning.

(54) A notary public used the notary public's official seal or official seal embosser to perform a notarial act but placed an imprint of the official seal or official seal embosser over any signature in a document to be notarized or in a notarial certificate or over any writing in a notarial certificate. See OAR 160-100-0110(3) and 160-100-0130(3). Sanction for First Act of Misconduct: Official warning.

(55) A notary public used the notary public's official seal or official seal embosser for a purpose other than to perform a notarial act. See OAR 160-100-0110(5) and 160-100-0130(5). Sanction for First Act of Misconduct: Official warning.

(56) A notary public permitted another person to use the notary public's official seal or official seal embosser. See OAR 160-100-0110(6) or 160-100-0130(6). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days and $500 civil penalty.

(57) A notary public used another notary public's official seal or official seal embosser or an object in lieu of the notary public's official seal or official seal embosser to perform a notarial act. See OAR 160-100-0110(7) and 160-100-0130(7). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days and $500 civil penalty.

(58) A notary public, whose Certificate of Authorization was lost, misplaced, destroyed or otherwise unusable, did not file with the Secretary of State a written statement, under oath or affirmation within ten days after the date the notary public discovered that the Certificate of Authorization was lost, misplaced, destroyed or otherwise unusable. See OAR 160-100-0150(1). Sanction for First Act of Misconduct: Official warning.

(59) A notary public, whose Certificate of Authorization was lost, misplaced, destroyed or otherwise unusable, did not file with the Secretary of State a written statement containing the information required by OAR 160-100-0150(2). See OAR 160-100-0150(2). Sanction for First Act of Misconduct: Official warning.

(60) A notary public, who was issued a duplicate Certificate of Authorization pursuant to OAR 160-100-0150 and 160-100-0160, did not file with the Secretary of State an imprint of the notary public's seal and duplicate Certificate of Authorization within ten days after the notary public received the completed duplicate Certificate of Authorization from a vendor of official seals. See OAR 160-100-0150(4) and 160-100-0160(3). Sanction for First Act of Misconduct: Official warning.

(61) A notary public who subsequently reacquired possession of a lost, misplaced, destroyed or otherwise unusable Certificate of Authorization did not file with the Secretary of State a written statement of explanation within ten days after the date the notary public reacquired possession of the unusable Certificate of Authorization. See OAR 160-100-0150(5). Sanction for First Act of Misconduct: Official warning.

(62) A notary public, whose official seal was lost, misplaced, destroyed, broken, damaged or otherwise unworkable, did not file with the Secretary of State a written statement containing the information required by OAR 160-100-0160(2). See OAR 160-100-0160(2) Sanction for First Act of Misconduct: Official warning.

(63) A notary public who subsequently reacquired possession of a lost or misplaced official seal did not file with the Secretary of State a written statement of explanation and the lost or misplaced official seal within ten days after the date the notary public reacquired possession of the lost or misplaced official seal. See OAR 160-100-0160(4). Sanction for First Act of Misconduct: Official warning.

(64) A notary public used a notarial journal that was not in the form required by OAR 160-100-0200. See OAR 160-100-0200. Sanction for First Act of Misconduct: Official warning.

(65) A notary public did not enter in a notarial journal the information about each notarial act performed by the notary public required by OAR 160-100-0210. See OAR 160-100-0210. Sanction for First Act of Misconduct: Official warning.

(66) A notary public recorded information about multiple notarial acts performed by the notary public in a manner that did not comply with the requirements of OAR 160-100-0220. See OAR 160-100-0220. Sanction for First Act of Misconduct: Official warning.

(67) A notary public used a record of protests that did not contain the information about each certificate of dishonor issued by the notary public required by OAR 160-100-0240. See OAR 160-100-0240. Sanction for First Act of Misconduct: Official warning.

(68) A notary public whose commission was terminated because of expiration, resignation or revocation did not file with the Secretary of State the notary public's record of protests and any other notarial records relating only to protests of commercial paper in accordance with OAR 160-100-0350 within 30 days after the date of termination. See OAR 160-100-0350(1). Sanction for First Act of Misconduct: Official warning.

(69) A notary public whose commission was terminated because of expiration, resignation or revocation did not file with the Secretary of State the statement required by OAR 160-100-0350(2) within 30 days after the date of termination. See OAR 160-100-0350(2). Sanction for First Act of Misconduct: Official warning.

(70) A notary public who entered into an agreement with an employer relating to the employer's retention and disposal of the notary public's notarial records following termination of employment pursuant to ORS 194.152(3) did not retain a written copy of the agreement or make such available upon request of the Secretary of State. See OAR 160-100-0360. Sanction for First Act of Misconduct: Official warning.

(71) A notary public who was convicted for a felony or lesser offense incompatible with the duties of a notary public did not file a statement with the Secretary of State within 30 days of conviction. See OAR 160-100-0500. Sanction for First Act of Misconduct: $500 civil penalty.

(72) A notary public who submits the following types of documents to the Secretary of State in reply to correspondence from the Secretary of State or other government agency or seeks to initiate proceedings through the following document types:

(a) Conditional Acceptance, or a similar document purporting to "conditionally accept" presentment of an official document, and demanding proof of a list of claims in order to fully accept the official document.

(b) Affidavit in Support of Conditional Acceptance, or a similar document purporting to attest to the facts of a document described in paragraph (71)(1) and signed by the same notary public who is attesting.

(c) Notice of Dishonor, or a similar document purporting to give notice that a Conditional Acceptance (see paragraph (71)(1)) has not been accepted by the government agency to which it was sent and thereby was dishonored.

(d) Accepted for Value, or similar stamp or certificate purporting to accept for a disclosed or undisclosed value an official document sent to the notary public by the Secretary of State or other governmental agency. The certificate claims to establish an amount of money payable or accrued to the signor of the certificate.

(e) Notice of Protest, or a similar document purporting to be a Protest of Commercial Paper that has been dishonored, when said Commercial Paper is not, in fact, a negotiable instrument under ORS Chapter 73 and subject to the laws stated therein regarding dishonor and protest.

(f) Other documents attempting to apply ORS Chapter 73 to non-negotiable instruments or other documents not included in the scope of said chapter.

(g) Other document type purporting to follow the Uniform Commercial Code (U.C.C.), and not related to an ORS Ch. 79 filing.

(h) Other document type purporting to be according to ORS Ch. 79 that does not constitute filing under ORS Ch. 79.0516. See ORS 194.166. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

Stat. Auth.: ORS 194.335
Stats. Implemented: ORS 194.166, 194.980 & 194.070
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0610; CORP 1-2003, f. 3-14-03, cert. ef. 4-1-03; CORP 6-2009, f. 12-22-09 cert. ef. 1-1-10

160-100-0620

Appeal Process

In the event the Secretary of State sanctions a notary public for official misconduct or proposes to refuse to appoint or proposes to revoke or suspend a commission, an opportunity for a public hearing will be provided pursuant to ORS 194.168, 194.990, the contested case procedures set out in ORS 183.413 through 183.500 and the Attorney General's Model Rules of Procedure for Contested Cases.

Stat. Auth.: ORS 194
Stats. Implemented: ORS 194.168
Hist.: SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; Renumbered from 164-100-0620

160-100-0700

Satisfactory Evidence

For the purposes of 194.515:

(1) “Current” means not expired.

(2) “United States passport” means a U.S. passport and a U.S. passport card issued by the U.S. Department of State.

Stat. Auth.: ORS 194.335
Stats. Implemented: ORS 194.515
Hist.: CORP 8-2009, f. 12-22-09 cert. ef. 1-1-10

Notary Public Education

160-100-1000

Definitions

(1) Certificate of Approval. The Oregon Secretary of State Certificate of Approval (OAR 160-100-1010) signifies only that the provider named therein offers an education program curriculum similar to the education program curriculum offered by the Secretary of State and has complied with the requirements of these rules. The Certificate of Approval does not imply endorsement of the provider, nor any products or services offered by the provider.

(2) Certificate of Education. The Certificate of Education (OAR 160-100-1060) signifies that the person named therein has completed the approved three-hour education program provided by the provider.

(3) Course of study. For the purposes of this division, "course of study" applies only to a live classroom or on-line education.

(4) Notary public applicant. For the purposes of this division, a "notary public applicant" is a person who applies for a commission as an Oregon notary public, who does not already hold a current notary public commission, and who must attend a three-hour course of instruction in order to qualify for commission as a notary public.

(5) Provider. For purposes of this division, a "provider" is an individual or business entity that provides a notary public education course of study.

(6) Oregon business registration number. For the purposes of these rules, an Oregon business registration number is the number assigned by the Corporation Division to a corporation, partnership or assumed business name that indicates registration in the public record of the Division.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1010

Provider Certificate of Approval

Before offering any course of study pursuant to Oregon Revised Statute Chapter 194.028, a provider must obtain a Certificate of Approval from the Secretary of State for each course of study offered.

(1) To apply for a Certificate of Approval, a provider must submit to the Secretary of State a completed Notary Public Education Provider Application or Amendment form, hereby incorporated by reference, an active Oregon business registration number, and a lesson plan satisfying the requirements in OAR 160-100-1020.

(2) The Secretary of State will issue either a Certificate of Approval, in accordance with paragraph (3), or a deficiency notice, in accordance with OAR 160-100-1030, within 90 days of receipt of an application and lesson plan.

(3) Upon approval of an application and lesson plan, the Secretary of State will send a Certificate of Approval to the provider by first class mail to the address listed on the Notary Public Education Provider Application or Amendment form.

(4) The Certificate of Approval will include the following:

(a) The name of the approved provider as listed on the Notary Public Education Provider Application or Amendment form.

(b) The address listed on the Notary Public Education Provider Application or Amendment form.

(d) The date the course of study was approved by the Secretary of State.

(5) An approved provider must not alter or substitute the lesson plan reviewed and approved by the Secretary of State, unless the revisions are approved by the Secretary of State in accordance with OAR 160-100-1050.

(6) For the purposes of this chapter, a provider must be authorized to transact business in Oregon in order to be certified. Authorization to transact business must be evidenced by an active Oregon business registration number.

(7) For the purposes of this chapter, an approved provider is responsible for all employees, agents, instructors, contractors, and subcontractors providing or involved in providing an approved course of study on behalf of the approved provider and the acts of the employees, agents, instructors, contractors, and subcontractors will be deemed the acts of the approved provider.

(8) The Certificate of Approval will expire 3 years from the date of issuance, and it must be renewed to continue as a state-approved course of instruction. A provider may apply for renewal up to 90 days before the expiration of the Certificate. Upon expiration of the Certificate, the provider must submit a new application, not a renewal, in order to offer state-approved education.

(9) A Certificate of Approval is non-transferable and may not be conveyed to another provider or applied to another course of study.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1020

Lesson Plan

A lesson plan must meet the following requirements:

(1) The lesson plan must be based on the laws of Oregon concerning the functions and duties of a notary public. The lesson plan must cover at least the Oregon Notary Public Knowledge Statements, hereby incorporated by reference. The Oregon Notary Public Knowledge Statements may be obtained from the Secretary of State by request.

(2) The lesson plan must contain a table of contents, and the pages of the lesson plan must be consecutively numbered.

(3) The lesson plan must provide sufficient detail to enable the Secretary to evaluate the specific information to be presented and to determine the accuracy of the information to be presented.

(4) The lesson plan must contain the procedures to ensure that a person attending a course of study is present for the required time.

(5) The lesson plan must include a schedule of the time allotted for the following:

(a) Break periods, if any;

(b) Each major subject area;

(d) Each student participation activity, if any.

(e) Completion, correction, and discussion of any practice tests used and the method of correction to be used, if any.

(6) If any movie or video is used for instruction, the lesson plan must include a brief synopsis of the information presented therein. The synopsis must detail the specific information presented by the movie or video. In addition, the provider must include the movie or video in the materials presented to the Secretary of State for review.

(7) Copies of any handout materials, workbooks, visuals aids, description of student participation exercises, and practice tests used during the course of study must be submitted for approval with the lesson plan.

(8) If the course provides for an evaluation by the students, time to complete the evaluation must not be included as part of the course of instruction.

(9) All materials submitted to the Secretary of State under this rule become the property of the Secretary of State and may be returned to the provider at the sole discretion of the Secretary.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1030

Deficient Application or Lesson Plan

(1) If the Secretary of State determines that a Notary Public Education Provider Application or Amendment form is incomplete, or that a lesson plan does not satisfy the requirements of ORS Ch. 194.028 or this chapter, the Secretary of State will issue a deficiency notice containing an itemized description of the deficiencies identified. The deficiency notice will be sent by first class mail to the provider's address listed on the Notary Public Education Provider Application or Amendment form.

(2) A provider has 30 days from the date on which the deficiency notice was mailed by the Secretary of State to submit documentation to the Secretary of State curing the deficiencies identified in the deficiency notice.

(3) The Secretary of State may issue more than one deficiency notice to a provider regarding the same Notary Public Education Provider Application or Amendment form and lesson plan at any time during the review process.

(4) The Secretary of State may disapprove a Notary Public Education Provider Application or Amendment form if the deficiencies are not cured in accordance with paragraph (2).

(5) After the disapproval of a provider's application or amendment, the provider has the right to a hearing on the matter, and the proceeding will be conducted in accordance with the contested case procedures set out in ORS 184.413 through 183.500, and the Attorney General's Model Rules of Procedure for Contested Cases.

(6) Upon the effective date of a final order in a contested case, or if the final order is appealed, a final appellate judgment disapproving an application or amendment, a provider may cure the deficiencies identified in the decision by submitting a Notary Public Education Provider Application or Amendment form in accordance with OAR 160-100-1030.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1040

Notification of Changes of Approved Provider Information

Within 30 days of any changes in the information contained in the most recent application approved by the Secretary of State, an approved provider must submit to the Secretary of State a Notary Public Education Provider Application or Amendment form identifying the changes. An approved provider may confirm receipt by the Secretary of State by phone or e-mail.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1050

Lesson Plan Revisions

(1) Within 30 days of the effective date of a new Oregon law or rule concerning the duties and functions of notaries public, an approved provider must revise an approved lesson plan as necessary to ensure that the information provided in an approved course of study reflects the new Oregon law or rule.

(2) Any provider-initiated revisions to the contents or methods of instruction detailed in an approved lesson plan must be approved by the Secretary of State at least 30 days before implementing the proposed revisions in an approved course of study.

(3) To apply for a Certificate of Approval for a revised lesson plan, an approved provider must submit a completed Notary Public Education Provider Application or Amendment form, and a revised lesson plan in accordance with OAR 160-100-1020.

(4) The provisions in OAR 160-100-1010, 160-100-1020, and 160-100-1030 apply to a revised lesson plan.

(5) Upon approval of a revised lesson plan, the Secretary of State will issue a Certificate of Approval pursuant to OAR 160-100-1010.

(6) A provider may only follow the lesson plan corresponding to the most current Certificate of Approval.

Stat. Auth.: ORS 194.028

Stats. Implemented: ORS 194.028

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1060

Certificate of Education

(1) An approved provider must issue a Certificate of Education to a notary public applicant upon completion of an approved course of study, as provided in section (3).

(2) The Certificate of Education shall be issued by the provider to a notary public applicant only after the person has completed the approved course of study.

(3) The Certificate of Education must consist of a certificate signed by an approved provider or an employee, agent, instructor, contractor, or subcontractor of an approved provider, which contains the following information:

(a) The name of the approved provider as it appears on the Certificate of Approval issued by the Secretary of State for the approved course of study.

(b) The name of the notary public applicant who completed the approved course of study.

(d) The Notary Education Identification Number, consisting of the Provider Identification Code and a unique six-digit number.

(e) The statements that:

(i) The Certificate of Education must be valid for a period of six months from the date of issuance; and

(ii) The student must provide the Notary Education Identification Number on the notary public application when submitted to the Secretary of State.

(4) The Certificate of Education of an approved course of study is for six months from the date of issuance.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1070

List of Attendees

(1) An approved provider must maintain a list of persons who attend each session of an approved course of study.

(2) The List of Attendees must be maintained for a period of five years from the date of issuance of the Certificates of Education corresponding to that session.

(3) The list must include the following:

(a) The name of the approved provider as listed in the Certificate of Approval for the approved course of study.

(b) The provider identification code issued by the Secretary of State.

(d) The date, time, and location of the approved course of study.

(e) The names of all the attendees in alphabetical order by the last name of the attendee.

(f) The Notary Education Identification Number corresponding to the attendee, if any.

(4) An approved provider must not collect the social security numbers of any attendees.

(5) Upon request, an approved provider must submit a list of attendees in a data format approved by the Secretary of State.

(6) An approved provider, former approved provider, or employee, agent, instructor, contractor, or subcontractor of an approved provider or former approved provider must not copy or release any list of attendees or any information contained therein to any person, except the Secretary of State, Attorney General, a district attorney, or a city attorney.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1080

Secretary of State Attending Approved Course of Study

An approved provider must permit the Secretary of State or representatives of the Secretary of State to attend any approved course of study, without prior notice and at no charge, for the purpose of observation, monitoring, auditing, and investigating the instruction given.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1090

Duty to Respond to a Written Request from the Secretary of State

An approved provider must respond in writing within 30 days of receiving a written request for information from the Secretary of State. A written request may be sent to the mailing address, facsimile number, or e-mail address listed on the most current Notary Public Education Provider Application or Amendment form filed pursuant to OAR 160-100-1020 or 160-100-1050.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1100

Cancellation or Delay of Scheduled Approved Course of Study

(1) Before charging any fees to a notary public applicant for an approved course of study, an approved provider must disclose the refund policy of the approved provider.

(2) An approved provider must refund all fees within 30 days of a scheduled course date to any notary public applicant who registered to attend an approved course of study if one of the following occurs:

(a) An instructor fails to appear at the scheduled time, date, or place of the approved course of study;

(b) An approved course of study is delayed in starting more than 15 minutes after the scheduled time, and a notary public applicant immediately informs the approved provider of his or her request for a refund, and the notary public applicant leaves the approved course of study before its start; or

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1105

Complaints Against an Approved Provider

(1) A person may file a complaint against an approved provider with the Secretary of State. A complaint shall be submitted on the standard form provided by the Secretary of State, signed and dated by the person filing the complaint. A complaint that does not comply with the requirements of this section shall not be filed, responded to or acted upon by the Secretary of State.

(2) The Secretary of State may commence an investigation of an approved provider as a result of information received from any source.

(3) Complaint forms received by the Secretary of State are not exempt from disclosure under Public Records Law, and shall be available to the approved provider and others in conformity with ORS 192.410 to 192.505.

(4) An investigation of the Secretary of State under paragraphs (1) and (2) of this section may include:

(a) An initial request for information from the accused provider;

(b) A copy of the complaint forwarded to the accused; and

(5) A provider, upon request by the Secretary of State, shall provide accurate, true and complete copies of the requested information.

(6) Upon a finding by the Secretary of State, copies of the finding shall be mailed to the complainant and the accused.

(7) Failure of an approved provider to comply with Secretary of State investigation directives shall result in revocation of the Certificate of Approval, subject to the provisions of ORS 183.413 to 183.470.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1110

List of Approved Providers

(1) The Secretary of State may also make a list of approved providers available online at the Corporation Division's website. The approved provider list may include the following information:

(a) The name of approved provider.

(b) Contact information -- a mailing address; a telephone number; a fax number; an e-mail address; and a website address.

(2) The Secretary of State may only update the list of approved providers to add, delete, or amend approved provider information that is filed in accordance with OAR 160-100-1040. A list of approved providers may be updated by the first day of each month following the month during which there were additions, deletions, or amendments to the list of approved providers.

(3) The Secretary of State reserves the right to delete any information from the list compiled pursuant ORS 194.028 or section (2) of this rule that the Secretary of State determines is misleading to the public or of an inappropriate nature.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 7-2010, f. & cert. ef. 6-1-10

160-100-1120

Renewal of a Certificate of Approval

Ninety days before the certificate's expiration, the Secretary of State will notify a provider, by e-mail, fax, or written mail, of the need to renew the provider's Certificate of Approval.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1130

Grounds for Termination of a Certificate of Approval

The Secretary of State may terminate a Certificate of Approval upon any of the following grounds:

(1) Violation of any of the provisions of this chapter or ORS 194.028.

(2) Misrepresentation of the laws of Oregon concerning the duties and functions of a notary public.

(3) Deviation from the lesson plan for a course of study approved by the Secretary of State.

(4) Failure to respond to a request from the Secretary of State.

(5) Representations by the provider that any product, goods, or services provided by the provider are endorsed, recommended or required by the Secretary of State. Certification only recognizes that the education program curriculum of the provider is similar to the state's curriculum.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1140

Termination of Certificate of Approval

(1) If the Secretary of State proposes to terminate the Certificate of Approval of a provider, opportunity for hearing shall be accorded as provided in the contested case procedures set out in ORS 183.413 through 183.500 and the Attorney General's Model Rules of Procedure for Contested Cases.

(2) If the provider does not request a hearing, termination shall be effective 21 days after the termination notice.

(3) The cancellation of the provider's Certificate of Approval does not bar the Secretary of State from instituting or continuing an investigation or disciplinary proceedings.

(4) Upon completion of the disciplinary proceedings, the Secretary of State may enter an order finding the facts and stating the conclusion that the fact would or would not have constituted grounds for termination of the Certificate of Approval if the Certificate of Approval had still been in effect.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

160-100-1150

Cancellation of Certificate of Approval

(1) An approved provider may cancel its Certificate of Approval by submitting a written notice of cancellation to the Secretary of State. Unless otherwise stated in the notice of cancellation, the effective date of the cancellation of the Certificate of Approval is 30 days after receipt of the notice of cancellation. The provider may confirm receipt by the Secretary of State by phone or e-mail.

(2) Within 30 days of the effective date of a cancellation of a Certificate of Approval, a provider must refund all fees to all individuals who paid to take an approved course from a provider, if the course is scheduled after the effective date of the cancellation.

Stat. Auth.: ORS 194.028
Stats. Implemented: ORS 194.028
Hist.: CORP 3-2006, f. & cert. ef. 6-19-06

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use