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Oregon Bulletin

October 1, 2013

Secretary of State, Corporation Division, Chapter 160

Rule Caption: Notaries Public

Adm. Order No.: CORP 2-2013

Filed with Sec. of State: 8-30-2013

Certified to be Effective: 9-1-13

Notice Publication Date: 7-1-2013

Rules Adopted: 160-100-0125

Rules Amended: 160-100-0000, 160-100-0010, 160-100-0020, 160-100-0030, 160-100-0040, 160-100-0100, 160-100-0110, 160-100-0120, 160-100-0130, 160-100-0140, 160-100-0150, 160-100-0160, 160-100-0170, 160-100-0200, 160-100-0210, 160-100-0220, 160-100-0230, 160-100-0240, 160-100-0301, 160-100-0310, 160-100-0320, 160-100-0330, 160-100-0340, 160-100-0350, 160-100-0360, 160-100-0400, 160-100-0410, 160-100-0420, 160-100-0430, 160-100-0500, 160-100-0510, 160-100-0600, 160-100-0610, 160-100-0620, 160-100-0700, 160-100-1000, 160-100-1010, 160-100-1020, 160-100-1030, 160-100-1040, 160-100-1050, 160-100-1060, 160-100-1070, 160-100-1080, 160-100-1090, 160-100-1100, 160-100-1105, 160-100-1110, 160-100-1120, 160-100-1130, 160-100-1140, 160-100-1150

Subject: These rules are updated to include electronic notarizations and electronic journals. These rules also update the notary name requirement to include the full legal name to be used for notarization, and the notary seal will be replaced with the stamping device and the stamp.

Rules Coordinator: Ginger Spotts—(503) 986-2333

160-100-0000

Definitions

As used in chapter 219, Oregon Laws 2013, and OAR 160-100-0000 to 160-100-0700:

(1) “Public Records Address” shall mean postal or street address.

(2) “Days” means calendar days.

(3) “Electronic notarial signature” means the electronic signature, as defined in section 2, ch. 219, Oregon Laws 2013, used by the notary to officially sign electronic records.

(4) “Notary,” as used in these rules, means “notary public.”

(5) “Oath of Office” in accordance with section 20, chapter 219, Oregon Laws 2013, a notary public shall keep on file an Oath of Office with the Secretary of State, affirming the notary’s intent to follow the laws and constitutions of the United States of America and the State of Oregon.

(6) “Official Misconduct” means the grounds to deny, revoke, suspend, or condition the commission of a notary public, as stated in section 22, chapter 219, Oregon Laws 2013.

(7) “Official Stamp” or “Official Notary Stamp” means a physical image affixed to a tangible record that can be legibly reproduced by a photographic method, and that meets the description of OAR 160-100-0100; or information required under OAR 160-100-0100(3) that is attached to or logically associated with an electronic record. An official stamp does not include a stamping device, as defined in section 2, chapter 219, Oregon Laws 2013.

(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) “Secretary of State” means the Corporation Division of the Secretary of State’s office.

(10) “Venue” shall include both the jurisdiction of the Oregon notary public and the county in which the notarial act was performed.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0010

Date of Mailing

Whenever chapter 219, Oregon Laws 2013 and OAR 160-100-0000 to 160-100-0620 require or permit a record or object to be mailed to the Secretary of State, the date of mailing shall be the date the record or object was actually received by the Secretary of State.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0020

Name of Notary Public

(1) Whenever chapter 219, Oregon Laws 2013 and OAR 160-100-0000 to 160-100-1150 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 current oath of office.

(2) For the purposes of this chapter, the legal name on the applicant’s oath of office must be proven with satisfactory evidence per section 6 (2), chapter 219, Oregon Laws 2013. Unless proven otherwise, the name shall consist of the applicant’s first personal name (first name), additional name(s) (middle name), and surname (family or last name).

Example: (a) Oregon Driver License reads, “John Alexander Smith” Applicant’s name on the oath must read, “John Alexander Smith.”

The applicant name may not read, “John A. Smith;” “J. Alexander Smith;” “John Smith;” “J.A. Smith;” “John Alexander;” “Smith;” “John;” “JAS;” “Alexander;” or some nickname, such as “Jack.”

(b) U.S. Passport reads, “Susan M. Jones Smith.”

Applicant’s name must read, “Susan M. Jones Smith.”

The applicant name may not read, “Susan M. J. Smith;” Susan Jones Smith;” “Sue M Jones Smith;” or other variant.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0030

Signature of Notary Public

(1) Whenever chapter 219, Oregon Laws 2013 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 use the signature that is evidenced on the notary public’s current oath of office, or, for electronic records, the electronic signature on file with the Secretary of State.

(2) For the purposes of this chapter, the legal signature on the notary public’s oath of office must be proven with satisfactory evidence per section 6 (2), chapter 219, Oregon Laws 2013.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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 164-100-0030; CORP 5-2008, f. 9-15-08 cert. ef. 10-15-08; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0040

Administrative Services Fees

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

(1) $10 for each apostille or authentication certificate for a public official, including a notary 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) $50 for each list of new notaries public.

(5) $50 for each standard list of all active notaries public.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0100

Description of Imprint of Official Seal

(1) The reasonably legible imprint of an official stamp 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 stamp to the right of the state seal:

(A) The words “Official Stamp”;

(B) The printed name of the notary public;

(C) The words “Notary Public — Oregon”;

(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 (spelled-out), two-digit date, and complete year.

(2) The imprint of an official stamp of a notary public on a tangible record shall be an imprint capable of being photocopied or reproduced.

(3) The official stamp of a notary public on an electronic record shall contain:

(a) The printed name of the notary public;

(b) The words “Notary Public — Oregon”;

(c) The words “Commission No.” immediately followed by the notary public’s commission number;

(d) The words “My Commission Expires”, immediately followed by the notary public’s commission expiration date, expressed in terms of the month (spelled-out), two-digit date, and complete year.

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

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

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0110

Use of Official Seal

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

(2) A notary public shall use the notary public’s official stamp

(a) For a tangible record, by placing a legible imprint of the official stamp on a notarial certificate at the time of the performance of the notarial act.

(b) For an electronic record, by attaching or logically associating it with the electronic record.

(3) A notary public shall not place an imprint of the notary public’s official stamp over any signature in a record to be notarized or in a notarial certificate, or over any writing in a notarial certificate.

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

(5) A notary public shall not use the notary public’s official stamp 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 stamp for any purpose.

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

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0120

Description of Official Seal Embosser

(1) Stamping device, as used in sections 2(17) and section 17, chapter 219, Oregon Laws 2013, does not include an ink-less embosser or crimper.

(2) A stamping device must be capable of affixing or logically associating the official stamp such that the record to which the official stamp is so affixed or associated may be copied, filmed, scanned, or otherwise legibly reproduced.

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0125

Certificate of Authorization

(1) Upon appointment as a notary public, the Secretary of State shall send to the person appointed a notarial commission certificate and a Certificate of Authorization with which the person appointed shall obtain an official stamp.

(2) Only upon presentation by the notary public of the Certificate of Authorization is a vendor authorized to provide the notary with the official stamp described in 160-100-0100 or an electronic stamp in described in 160-100-0140.

(3) Subject to the procedures set forth under ORS 194.980, any vendor of official stamps who furnishes an official stamp to any person in violation of section (2) of this rule may incur a civil penalty in the amount of $500 per offense.

Stat. Auth.: Sec. 26, Sec. 51, Ch. 219, OL 2013

Stats. Implemented: Sec. 26, Ch. 219, OL 2013

Hist.: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0130

Use of an Embosser

(1) A notary public may use an embosser in the performance of a notarial act but only in addition to the notary public’s official stamp.

(2) A notary public shall not place the embossment over any signature in a record to be notarized, or in a notarial certificate or over any writing in a notarial certificate.

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

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

Stat. Auth.: Sec. 26, ch. 219, OL 2013

Stats. Implemented: ch. 219, OL 2013

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; Hist.: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0140

Notification of Secretary of State of the Use of Electronic Notarization

(1) A notary public who wishes to perform notarial acts with respect to electronic records shall file the following information with the Secretary of State before such notarization:

(a) Commission name

(b) Commission number

(c) Public records address

(d) Email address

(e) Name of technology vendor

(f) Contact information for vendor

(g) Website for vendor

(h) A statement under penalty of perjury that the method of electronic notarization meets the July 13, 2011 National Electronic Notarization Standards adopted by the National Association of Secretaries of State . For the purposes of this statement, the notary may rely on a vendor’s declaration that the technology does meet these standards.

(i) An exemplar of a notarized record that includes the notary’s official stamp, the electronic notarial signature, and the electronic notarial certificate. The exemplar shall be a generic sample and not an actual notarized private record.

(2) The example provided in section 1 of this rule must be an electronic file submitted in a PDF format.

(3) In addition to any other technologies used in attaching the electronic notarial signature, the signature must include a graphic reproduction of the notary’s handwritten signature on file with the Secretary of State.

(4) In addition to any other technologies and information the notary’s official stamp, as evidenced by an official Certificate of Authorization issued by the Secretary of State, shall be logically associated with the notarial certificate and underlying record.

(5) The notice under this rule shall be emailed to the Secretary of State using the form provided to the notary public.

Stat. Auth.: Sec. 26, Sec. 51, Ch. 219, OL 2013

Stats. Implemented: Sec. 26, Ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0150

Certificate of Authorization

(1) A Certificate of Authorization to obtain a stamp will be emailed to the notary in PDF form upon the acceptance of the notary’s Oath of Office by the Secretary of State.

(a) In order to obtain a stamp for tangible and electronic records, the Certificate of Authorization shall be submitted by the notary to the stamp vendor, so that the vendor will know:

(A) the notary is commissioned by the State of Oregon

(B) the requirements of the stamp, and

(C) the commission information required to be on the stamp.

(b) Except as provided in (1)(a), the notary public shall be required to keep the Certificate of Authorization secure from access by non-authorized persons.

(2) A notary public whose Certificate of Authorization to Obtain a Stamp is lost, misplaced, destroyed or otherwise unavailable may file with the Secretary of State a written request, under oath or affirmation, for a replacement Certificate of Authorization.

(3) The request shall set forth:

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

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

(c) The date the notary public discovered that the Certificate of Authorization was unavailable;

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

(4) The Secretary of State shall issue a replacement Certificate of Authorization to the notary public.

Stat. Auth.: Sec. 26, Sec. 51, Ch. 219, OL 2013

Stats. Implemented: Sec. 26, Ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0160

Notification of Secretary of State That Stamping Device is Unavailable

(1) A notary public whose stamping device is lost, misplaced or stolen 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 stamping device was lost, misplaced, stolen or is otherwise unavailable.

(2) The statement shall include:

(a) A statement of whether the stamping device is lost, misplaced, stolen or is otherwise unavailable;

(b) The date the notary public discovered that the official stamping device was unworkable;

(c) A statement that the notary public does not possess the stamping device and does not know who possesses it or where it is located;

(d) A statement that if the notary public subsequently reacquires possession of the lost, misplaced or stolen stamping device, then the notary public shall file a statement with the Secretary of State within ten days after the date the notary public reacquires possession of the lost, misplaced, or stolen stamping device;

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

(3) If a notary public subsequently reacquires possession of a lost, misplaced, or stolen stamping device, then the notary public shall file with the Secretary of State a written statement of explanation within ten days after the date the notary public reacquires possession of the lost, misplaced or stolen stamping device.

Stat. Auth.: Sec. 26, Sec. 51, Ch. 219, OL 2013

Stats. Implemented: Sec. 26, Ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0170

Notification of Secretary of State of Change in Information

(1) A notary public must notify the Secretary of State within 30 days of any change in the information on file with the Secretary of State, including the notary’s:

(a) Legal Name

(b) Official Signature

(c) Public Records Address

(d) Electronic notarization technology, in accordance with OAR 160-100-0140.

(e) State of residency

(f) Place of employment or practice in Oregon, if not a resident.

(2) When a notary public changes the Legal Name on file with the Secretary of State, a notarized statement evidencing the name change must be submitted, using the form prescribed by the Secretary of State.

(3) When a notary public changes the Legal Signature on file with the Secretary of State, a notarized statement evidencing the signature change must be submitted, using the form prescribed by the Secretary of State.

Stat. Auth.: ORS 194.335

Stats. Implemented: ORS 194.031

Hist.: CORP 3-2005, f. & cert. ef. 11-1-05; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0200

Form and Content of Notarial Journal

A paper 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 section 18 (3), chapter 219, Oregon Laws 2013:

(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(or entry if the journal is designed with numbered entry blocks) 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 or entry 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;

(c) The notary public’s commission expiration date;

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

(e) The earliest date the journal may be destroyed, which shall be ten years after the date of the last act chronicled 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, 2009, last entry on January 7, 2013.

(5) If a notary public’s name, commission number, commission expiration 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.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0210

Form and Content of an Electronic Notarial Journal

(1) A notary may record electronic acts in a paper notarial journal, an electronic notarial journal, or both.

(2) The entry requirements set out in Section 18 (3), chapter 219, Oregon Laws 2013 shall apply also to the electronic notarial journal.

(3) In an electronic notarial journal, the signature of the signer must be:

(a) Attached to or logically associated with the electronic journal.

(b) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal entry are detectable and may invalidate the electronic notarial journal entry.

(3) Entries from the notarial journal must be available upon demand by the Secretary of State in a PDF format.

(4) If submission of the journal is required under these rules, the electronic journal must be submitted in a single PDF file.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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 164-100-0210; CORP 3-2008, f. 4-15-08, cert. ef. 5-1-08; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0220

Notification of Secretary of State of Lost or Stolen Journal

(1) A notary public whose notarial journal is lost, misplaced, destroyed or otherwise unusable may file a written notice, under oath or affirmation, with the Secretary of State.

(2) The notice shall set forth:

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

(b) An explanation of how the notarial journal became unusable.

(c) The date the notary public discovered that the notarial journal was unusable.

(d) A statement that the notary public does not possess the notarial journal and does not know who possesses it or where it is located.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0230

Additional Notarial Acts That May 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 records notarized by the notary public:

(1) Administering an oath or affirmation;

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

(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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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 164-100-0240; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0301

Disposition of Notarial Records Upon Suspension of Commission

(1) A notary public whose commission was suspended 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 store such records for a period of ten years after the date of the last act chronicled in the journal. After the ten-year period, the notary public may destroy such records.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

Hist.: CORP 4-2010, f. 2-22-10, cert. ef. 3-1-10; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0310

Disposition of Notarial Records Upon 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. 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 store such records for a period of 10 years after the performance of the last Notarial act. After the ten-year period, the notary public may destroy such records.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0320

Disposition of Notarial Records Upon Termination of Commission Due to Expiration

(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 store such records for a period of 10 years after the performance of the last Notarial act. After the ten-year period, the notary public may destroy such records.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0330

Disposition of Notarial Records Upon 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 with the Secretary of State the notary public’s official stamping device.

(3) The Secretary of State shall store such records for a period of ten years after the date of revocation. After the ten-year period, the Secretary of State may destroy such records. The Secretary of State shall destroy the official stamping device.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0340

Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency

(1) After the termination of a notary public’s commission as a result of death, or the adjudication of incompetency, the notary public’s personal representative, guardian, conservator, or trustee 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 personal representative, guardian, conservator, or trustee may file a statement with the Secretary of State. The statement may include:

(a) The name of the notary public;

(b) The notary public’s commission number;

(c) The notary public’s commission expiration date;

(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 the notary public’s personal representative, guardian, conservator, or trustee files such record and statement with the Secretary of State, the notary public’s personal representative, guardian, conservator, or trustee shall render the notary public’s official stamping device unusable by destroying, defacing, damaging, erasing the device or securing it against use.

(4) The Secretary of State shall store such records for a period of ten years after the date of the last act chronicled in the journal. After the ten-year period, the Secretary of State may destroy such records.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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;

(c) The notary public’s commission expiration date;

(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 ten years after the date of termination. After the ten-year period, the Secretary of State may destroy such records.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 or her employer relating to the employer’s retention and disposal of the notary public’s notarial records following termination of employment pursuant to section 18, chapter 219, Oregon Laws 2013 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 ten years after the date of the last act chronicled in the journal;

(4) Signatures of all parties to agreement.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0400

Maximum Amount of Notary Fees Permitted to be Charged

(1) Notwithstanding section 2 of this rule, a notary public shall not charge, attempt to charge, or receive a notary fee that is more than $10 per notarial act.

(2) In accordance with Ch. 219, 2013 Oregon Laws, Section 42, a notary may also charge a fee for traveling to perform a notarial act.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0410

Displaying List of Notary Fees

A notary public who charges a fee for a notarial act shall either display a list, in English, 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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0430

Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State

(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 section (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, or 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 sections (1) and (2) of this rule may include:

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

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

(c) A request for supporting documentation and other sources of information.

(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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0500

Notification of Secretary of State of Conviction

Within 30 days of the notification of conviction of any felony or crime involving fraud, dishonesty or deceit by a notary public, the Secretary of State shall conduct an investigation of the notary public, in accordance with OAR 160-100-0430(2) – (8).

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0510

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

“…(A) crime involving fraud, dishonesty or deceit” as cited section 22, chapter 219, Oregon Laws 2013 and OAR 160-100-610(9) 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 conviction of the offenses listed in ORS 194.990;

(21) Any other offense of a similar nature to the above listed crimes involving fraud, dishonesty or deceit.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0600

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

(1) OAR 160-100-0610 identifies official misconduct, as defined in section 22, chapter 219, Oregon Laws 2013 and names sanctions that may be taken by the Secretary of State for first acts of official misconduct, including refusing to issue, revoking, or suspending a commission, assessing a civil penalty, or issuing an official warning.

(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;

(c) Accumulation of more than one different notary misconducts occurring during a seven-year period.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0610

Conduct Which Constitutes Official Misconduct

The following conduct constitutes official misconduct, as defined in section 22, chapter 219, Oregon Laws 2013, for purposes of refusing to issue, revoke or suspend a notary public’s commission, assessing a civil penalty against a person pursuant to 194.980, or issuing an Official Warning to Cease Violation to a person pursuant to 194.985:

Relating to the Notary Public Status

(1) A person performed a notarial act within the state of Oregon when the person was not commissioned as a notary public or was otherwise authorized by statute. See ORS 194.990. Sanction for First Act of Misconduct: Refuse to commission or Class B Misdemeanor or both.

(2) A notary public performed a notarial act in another state pursuant to the authority of the notary public’s Oregon commission. See section 10, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(3) A notary public performed a notarial act using a name other than the current commission name on file with the Secretary of State. See OAR 160-0100-0020. Sanction for First Act of Misconduct: Official warning.

(4) A notary public made a representation that the notary public had powers, qualifications, rights or privileges that the notary public did not have. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: $500 civil penalty.

(5) A notary public failed to maintain the qualifications to be a notary public required under section 20, chapter 219, Oregon Laws 2013. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission.

(6) A notary public purports to be a citizen of a country other than one officially recognized by the United States Department of State. See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

Relating to Disqualifying Interest, Fraud, Dishonesty or Deceit

(7) 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 section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(8) 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 section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

(9) A notary public or notary public applicant was convicted of a felony, or of any crime involving fraud, dishonesty or deceit. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(10) A notary public or a notary public applicant had a finding against, or admission of liability in any legal proceeding or disciplinary action based on the notary’s or applicant’s fraud, dishonesty or deceit. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(11) 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 section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission.

(12) A notary public notarized a record in which the notary public or the notary public’s spouse is a party. See section 3, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(13) A notary public notarized a record in which the notary public or the notary public’s spouse has a direct beneficial interest. See section 3, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(14) A notary public performed an acknowledgment of an instrument executed to or by a business entity of which the notary public was a shareholder, director, officer, employee, member or partner at the time of the notarization when the notary public was a party to the record either in an individual or representative capacity. See section 36, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(15) A notary public engaged in the unauthorized practice of law. See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

Relating to Advertisement

(16) 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 section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 90 days and $1,000 civil penalty.

(17) A notary public endorsed or promoted a product, service, contest or other offering by using the notary public’s title or official stamp. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: $500 civil penalty.

(18) 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 an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(19) 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 section 42, chapter 219, Oregon Laws 2013. See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(20) 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 section 42, chapter 219, Oregon Laws 2013 in a conspicuous place in the notary public’s place of business. See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(21) A notary public, other than an attorney licensed to practice law, used the term “notario publico” or “notario” in reference to the notary. See section 24, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

Relating to Proper Notification of the Secretary of State

(22) 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 OAR 160-0100-0170. Sanction for First Act of Misconduct: Official warning.

(23) 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 public records address or employer’s address or both. See OAR 160-0100-0170. Sanction for First Act of Misconduct: Official warning.

(24) A notary public, whose official stamp device was lost, misplaced, or stolen, 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 stamp device was lost, misplaced, or stolen. See section 17, chapter 219, Oregon Laws 2013 and OAR 160-100-0160(1). Sanction for First Act of Misconduct: Official warning.

(25) A notary public who subsequently reacquired possession of a lost, misplaced or stolen official stamp device 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 lost or misplaced official stamp. See OAR 160-100-0160. Sanction for First Act of Misconduct: Official warning.

Relating to Vacancy of Office

(26) A notary public whose commission was terminated because of expiration and who was not recommissioned did not arrange for the storage of his/her notarial records. See section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(27) A notary public whose commission was terminated because of expiration did not destroy the notary public’s official stamp device. See section 17, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(28) A notary public whose commission was terminated because of resignation did not arrange for the storage of his/her notarial records. See section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(29) A notary public whose commission terminated because of resignation did not destroy the notary public’s official stamp device. See section 17, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(30) A notary public whose commission terminated because of revocation did not file his/her notarial records with the Secretary of State. See section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: $500.

(31) A notary public whose commission terminated because of revocation did not file the notary public’s official stamp device with the Secretary of State. See section 17, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: $500.

(32) 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 section 38, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

Relating to Identity and Appearance

(33) A notary public did not determine either from personal knowledge or from satisfactory evidence as defined in section 6, chapter 219, Oregon Laws 2013 that the person acknowledging a record in the presence of the notary public was the person whose signature was on the record. See section 4, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(34) A notary public did not determine either from personal knowledge or from satisfactory evidence as defined in section 6, chapter 219, Oregon Laws 2013 that the person verifying a statement by oath or affirmation in the presence of the notary public is the person whose signature was on the statement. See section 4, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(35) A notary public did not determine either from personal knowledge or from satisfactory evidence as defined in section 6, chapter 219, Oregon Laws 2013 that the signature on a record was the signature of the person signing the record in the presence of the notary public and named in the record. See section 4, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(36) A notary public did not determine that the copy of a record presented to the notary public was a full, true and accurate transcription or reproduction of the record or item. See section 6, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(37) A notary public did not require the physical presence of the signer at the time of notarization of a signature executed on a record. See section 5, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days and/or a $500 civil penalty.

Relating to Notarial Certificate

(38) A notary public did not evidence a notarial act, as defined in section 2, chapter 219, Oregon Laws 2013, by issuing a certificate of notarial act. See section 14, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(39) A notary public did not include one or more of the following elements of the certificate of notarial act: 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 venue in which the notarial act was performed, the official stamp of the notary public and the actions of the notary public sufficient to meet the requirements of the notarial act. See section 14, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official Warning.

(40) A notary public did not evidence a notarial act by a certificate of notarial act in a form permitted or prescribed by a law of the United States or of the State of Oregon 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 section 15, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(41) A notary public, through error or negligence, executed a notarial certificate that contained false information. See section 14, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official Warning.

(42) A notary public executed a notarial certificate that contained a statement known to the notary public to be false. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

Relating to Stamp and Stamp Device

(43) A notary public used an official stamp that did not conform to section 16, chapter 219, Oregon Laws 2013 and OAR 160-100-0100 to perform a notarial act. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(44) A notary public used the notary public’s official stamp for a purpose other than to perform a notarial act. See OAR 160-100-0110. Sanction for First Act of Misconduct: Official warning.

(45) A notary public did not use the notary public’s official stamp in performing a notarial act. See section 14, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(46) A notary public used as an official stamp device an object that was not a stamp device, or was a stamp device but the device 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 section 16, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(47) A notary public used the notary public’s official stamp device to perform a notarial act but placed the official stamp over a signature in a record to be notarized or in a notarial certificate or over any writing in a notarial certificate. See OAR 160-100-0110. Sanction for First Act of Misconduct: Official warning.

(48) A notary public permitted another person to use the notary public’s official stamp device. See section 17, chapter 219, Oregon Laws 2013 and OAR 160-100-0110. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days or $500 civil penalty or both.

(49) A notary public used another notary public’s official stamp device, or an object in lieu of the notary public’s official stamp device, to perform a notarial act. See OAR 160-100-0110(7). Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days or $500 civil penalty or both.

(50) A notary public used an embosser in lieu of the notary public’s official stamp. See section 14, chapter 219, Oregon Laws 2013 and OAR 160-100-0130(1). Sanction for First Act of Misconduct: Official warning.

Relating to Notarial Journal

(51) 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 section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(52) A notary public used a notarial journal that was not in the form required by section 18, chapter 219, Oregon Laws 2013. See OAR 160-100-0200 and 160-100-0210. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days or $500 civil penalty or both.

(53) A notary public did not enter in a notarial journal the information about each notarial act performed by the notary public required by section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(54) A notary public recorded information about multiple notarial acts performed by the notary public in a notarial journal in a manner that did not comply with the requirements of section 18, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(55) 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 section 34, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(56) 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 section 18, chapter 219, Oregon Laws 2013 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.

Relating to Fees

(57) A notary public charged a notary fee that was more than the maximum fee specified in section 42, chapter 219, Oregon Laws 2013. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: $500 civil penalty.

(58) 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 section 42, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(59) 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 section 42, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

Relating to Commercial Protests

(60) A notary public who does not meet the qualifications of section 32, chapter 219, Oregon Laws 2013 protested commercial paper, as provided in ORS 73.0505. Sanction for First Act of Misconduct: Official Warning.

(61) A notary public did not determine 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 section 4, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Suspension of commission for a period of 30 days.

(62) 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). Section 34, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(63) 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.

(64) 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 financial institution, trust company or investment company when the notary public was a party to the commercial paper in an individual capacity. Section 32, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(65) 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 record that does not fit the definition of negotiable instrument as defined in ORS 73.0104. See section 32, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

(66) 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 section 32, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official warning.

Miscellaneous

(67) A notary public who submits the following types of records 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 record types:

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

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

(c) Notice of Dishonor, or a similar record purporting to give notice that a Conditional Acceptance (see section (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 record 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 record 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 records attempting to apply ORS Chapter 73 to non-negotiable instruments or other records not included in the scope of said chapter.

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

(h) Other record type purporting to be according to ORS Ch. 79 that does not constitute filing under ORS Ch. 79.0516. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Revocation of commission or refusal to issue commission.

(68) A notary public engaged in any other act or omission involving any act prohibited or mandated by sections 1 to 50 of chapter 219, Oregon Laws 2013, or any rule adopted by the Secretary of State, or any other law governing notarization. See section 22, chapter 219, Oregon Laws 2013. Sanction for First Act of Misconduct: Official Warning.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 section 22, chapter 219, Oregon Laws 2013, 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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

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; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

160-100-0700

Satisfactory Evidence

For the purposes of section 6, chapter 219, Oregon Laws 2013:

(1) Temporary forms of the Oregon Driver License (ODL) or Oregon Identity Card shall be considered equivalent to the Oregon Driver License before their expiration in the following manner:

(a) An Instruction Permit will be satisfactory evidence in the same way as a permanent ODL or State ID card.

(b) A Provisional Driver License will be satisfactory evidence in the same way as a permanent ODL.

(c) A Hole-punched Driver License or Identity Card shall not be sufficient in itself, but may be used in conjunction with the Interim Driver License or Identity Card to establish identity,

(d) An Interim Driver License or Identity Card, which is good for no more than 30 days, is given to those awaiting the processing and arrival of their permanent ODL or State ID card, and may be used by itself or in addition to the Hole-punched Driver License or Identity Card. The Interim Driver License or Identity Card may only be so used while it is unexpired.

(e) A Limited Term Driver License or Identification Card, given to people temporarily in the United States, is noted by the words “Limited Term” in the bottom right corner of the ID and an expiration date between 1-8 years after the issuance date. A Limited Term ID will be satisfactory evidence in the same way as a permanent ODL or State ID card.

(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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

Hist.: CORP 8-2009, f. 12-22-09 cert. ef. 1-1-10; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 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 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 business entity or assumed business name that indicates registration in the public record of the Division.

Stat. Auth.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 section (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.

(c) The three letter provider identification code issued by the Secretary of State.

(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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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;

(c) Each audio visual aid to be used, if any;

(d) Each student participation activity, if any.

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

(7) 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.

(8) 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.

(9) 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.

(10) 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.: Sec. 26, ch.219, OL 2013

Stats. Implemented: Sec. 18, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 section 21, chapter 219, Oregon Laws 2013 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 section (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 184.313 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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.

(c) The date the notary public applicant 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:

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

(B) 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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.

(c) The name of the instructor or instructors who taught the approved course of study.

(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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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

(c) The provider does not hold a current Certificate of Approval from the Secretary of State.

Stat. Auth.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 sections (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

(c) A request for supporting documentation and other sources of information.

(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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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 section 21, chapter 219, Oregon Laws 2013 or section (2) of this rule that the Secretary of State determines is misleading to the public or of an inappropriate nature.

Stat. Auth.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 7-2010, f. & cert. ef. 6-1-10; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

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.: Sec. 21, ch.219, OL 2013

Stats. Implemented: Sec. 21, ch. 219, OL 2013

Hist.: CORP 3-2006, f. & cert. ef. 6-19-06; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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