justicedao/ipfs_state_laws huggingface dataset:
160-100-1010 Provider Certificate of Approval Before offering any course of study pursuant to Oregon Revised Statute Chapter 194.325, 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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 & ORS 194.325 History: CORP 4-2020, minor correction filed 07/20/2020, effective 07/20/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1020 Lesson Plan A lesson plan must meet the following requirements: (1) The lesson plan must be based on the laws of Oregon concerning the functions and duties of a notary public. The lesson plan must cover at least the Oregon Notary Public Knowledge Statements, hereby incorporated by reference. The Oregon Notary Public Knowledge Statements may be obtained from the Secretary of State by request. (2) The lesson plan must contain a table of contents, and the pages of the lesson plan must be consecutively numbered. (3) The lesson plan must provide sufficient detail to enable the Secretary to evaluate the specific information to be presented and to determine the accuracy of the information to be presented. (4) The lesson plan must contain the procedures to ensure that a person attending a course of study is present for the required time. (5) The lesson plan must include a schedule of the time allotted for the following: (a) Break periods, if any; (b) Each major subject area; (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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1030 Deficient Application or Lesson Plan (1) If the Secretary of State determines that a Notary Public Education Provider Application or Amendment form is incomplete, or that a lesson plan does not satisfy the requirements of ORS 194.360 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. Statutory/Other Authority: ORS 194.325 & 194.360 Statutes/Other Implemented: ORS 194.325 & 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1040 Notification of Changes of Approved Provider Information Within 30 days of any changes in the information contained in the most recent application approved by the Secretary of State, an approved provider must submit to the Secretary of State a Notary Public Education Provider Application or Amendment form identifying the changes. An approved provider may confirm receipt by the Secretary of State by phone or e-mail. Statutory/Other Authority: ORS 194.325 & 194.360 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1050 Lesson Plan Revisions (1) Within 30 days of the effective date of a new Oregon law or rule concerning the duties and functions of notaries public, an approved provider must revise an approved lesson plan as necessary to ensure that the information provided in an approved course of study reflects the new Oregon law or rule. (2) Any provider-initiated revisions to the contents or methods of instruction detailed in an approved lesson plan must be approved by the Secretary of State at least 30 days before implementing the proposed revisions in an approved course of study. (3) To apply for a Certificate of Approval for a revised lesson plan, an approved provider must submit a completed Notary Public Education Provider Application or Amendment form, and a revised lesson plan in accordance with OAR 160-100-1020. (4) The provisions in OAR 160-100-1010, 160-100-1020, and 160-100-1030 apply to a revised lesson plan. (5) Upon approval of a revised lesson plan, the Secretary of State will issue a Certificate of Approval pursuant to OAR 160-100-1010. (6) A provider may only follow the lesson plan corresponding to the most current Certificate of Approval. Statutory/Other Authority: ORS 194.325 & 194.360 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1060 Certificate of Education (1) An approved provider must issue a Certificate of Education to a notary public applicant upon completion of an approved course of study, as provided in section (3). (2) The Certificate of Education shall be issued by the provider to a notary public applicant only after the person has completed the approved course of study. (3) The Certificate of Education must consist of a certificate signed by an approved provider or an employee, agent, instructor, contractor, or subcontractor of an approved provider, which contains the following information: (a) The name of the approved provider as it appears on the Certificate of Approval issued by the Secretary of State for the approved course of study. (b) The name of the notary public applicant who completed the approved course of study. (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. Statutory/Other Authority: ORS 194.325 & 194.360 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1070 List of Attendees (1) An approved provider must maintain a list of persons who attend each session of an approved course of study. (2) The List of Attendees must be maintained for a period of five years from the date of issuance of the Certificates of Education corresponding to that session. (3) The list must include the following: (a) The name of the approved provider as listed in the Certificate of Approval for the approved course of study. (b) The provider identification code issued by the Secretary of State. (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. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1080 Secretary of State Attending Approved Course of Study An approved provider must permit the Secretary of State or representatives of the Secretary of State to attend any approved course of study, without prior notice and at no charge, for the purpose of observation, monitoring, auditing, and investigating the instruction given. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1090 Duty to Respond to a Written Request from the Secretary of State An approved provider must respond in writing within 30 days of receiving a written request for information from the Secretary of State. A written request may be sent to the mailing address, facsimile number, or e-mail address listed on the most current Notary Public Education Provider Application or Amendment form filed pursuant to OAR 160-100-1020 or 160-100-1050. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1100 Cancellation or Delay of Scheduled Approved Course of Study (1) Before charging any fees to a notary public applicant for an approved course of study, an approved provider must disclose the refund policy of the approved provider. (2) An approved provider must refund all fees within 30 days of a scheduled course date to any notary public applicant who registered to attend an approved course of study if one of the following occurs: (a) An instructor fails to appear at the scheduled time, date, or place of the approved course of study; (b) An approved course of study is delayed in starting more than 15 minutes after the scheduled time, and a notary public applicant immediately informs the approved provider of his or her request for a refund, and the notary public applicant leaves the approved course of study before its start; or (c) The provider does not hold a current Certificate of Approval from the Secretary of State. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1105 Complaints Against an Approved Provider (1) A person may file a complaint against an approved provider with the Secretary of State. A complaint shall be submitted on the standard form provided by the Secretary of State, signed and dated by the person filing the complaint. A complaint that does not comply with the requirements of this section shall not be filed, responded to or acted upon by the Secretary of State. (2) The Secretary of State may commence an investigation of an approved provider as a result of information received from any source. (3) Complaint forms received by the Secretary of State are not exempt from disclosure under Public Records Law, and shall be available to the approved provider and others in conformity with ORS 192.410 to 192.505. (4) An investigation of the Secretary of State under 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. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1110 List of Approved Providers (1) The Secretary of State may also make a list of approved providers available online at the Corporation Division's website. The approved provider list may include the following information: (a) The name of approved provider. (b) Contact information — a mailing address; a telephone number; a fax number; an e-mail address; and a website address. (2) The Secretary of State may only update the list of approved providers to add, delete, or amend approved provider information that is filed in accordance with OAR 160-100-1040. A list of approved providers may be updated by the first day of each month following the month during which there were additions, deletions, or amendments to the list of approved providers. (3) The Secretary of State reserves the right to delete any information from the list compiled pursuant 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. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 7-2010, f. & cert. ef. 6-1-10 CORP 3-2006, f. & cert. ef. 6-19-06
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. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1130 Grounds for Termination of a Certificate of Approval The Secretary of State may terminate a Certificate of Approval upon any of the following grounds: (1) Violation of any of the provisions of this chapter or ORS 194.325. (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. Statutory/Other Authority: ORS 194.325 & ORS 194.360 Statutes/Other Implemented: ORS 194.325 History: CORP 3-2020, minor correction filed 07/20/2020, effective 07/20/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1140 Termination of Certificate of Approval (1) If the Secretary of State proposes to terminate the Certificate of Approval of a provider, opportunity for hearing shall be accorded as provided in the contested case procedures set out in ORS 183.413 through 183.500 and the Attorney General's Model Rules of Procedure for Contested Cases. (2) If the provider does not request a hearing, termination shall be effective 21 days after the termination notice. (3) The cancellation of the provider's Certificate of Approval does not bar the Secretary of State from instituting or continuing an investigation or disciplinary proceedings. (4) Upon completion of the disciplinary proceedings, the Secretary of State may enter an order finding the facts and stating the conclusion that the fact would or would not have constituted grounds for termination of the Certificate of Approval if the Certificate of Approval had still been in effect. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
160-100-1150 Cancellation of Certificate of Approval (1) An approved provider may cancel its Certificate of Approval by submitting a written notice of cancellation to the Secretary of State. Unless otherwise stated in the notice of cancellation, the effective date of the cancellation of the Certificate of Approval is 30 days after receipt of the notice of cancellation. The provider may confirm receipt by the Secretary of State by phone or e-mail. (2) Within 30 days of the effective date of a cancellation of a Certificate of Approval, a provider must refund all fees to all individuals who paid to take an approved course from a provider, if the course is scheduled after the effective date of the cancellation. Statutory/Other Authority: ORS 194.325 Statutes/Other Implemented: ORS 194.325 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 3-2006, f. & cert. ef. 6-19-06
161-001-0005 Model Rules of Procedure (1) The Model Rules of Procedure, OAR 137-003-0501 to 137-003-0700, as promulgated by the Attorney General of the State of Oregon, apply to all contested case hearings conducted by a hearing officer from the Hearing Officer Panel on behalf of the Board. (2) The Board adopts the current edition of the Model Rules of Procedure, OAR chapter 137, division 001, as promulgated by the Attorney General of the State of Oregon and effective July 1. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure are available from the office of the Attorney General or the Appraiser Certification and Licensure Board.] Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 4-2014, f. & cert. ef. 10-30-14 ACLB 3-2008, f. & cert. ef. 8-13-08 ACLB 2-2006, f. & cert. ef. 7-26-06 ACLB 4-2005, f. & cert. ef. 11-2-05 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98 ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 6-1991, f. & cert. ef. 12-4-91
161-001-0010 Notice of Proposed Rulemaking Prior to adoption, amendment or repeal of any rule, the Board shall give notice of the intended action as required by ORS chapter 183 and by mailing or furnishing a copy of the notice to: (1) The Associated Press; (2) Capitol Press Room; (3) Department of Justice (4) The following associations and organizations: (a) American Society of Appraisers — Oregon Chapter; (b) Appraisal Foundation; (c) Oregon Federal Housing Agency; (d) Greater Oregon Chapter of the Appraisal Institute; (e) International Association of Assessing Officers - Oregon Chapter; (f) International Society of Appraisers — NW Chapter; (g) International Right-of-Way Appraisers Association — Oregon Chapter 3; (h) National Association of Independent Fee Appraisers — Oregon Chapter; (i) National Association of Master Appraisers; (j) Oregon Association of Realtors; (k) Oregon Bankers Association; (l) Oregon League of Financial Institutions; (m) Oregon Mortgage Bankers Association; (n) The Appraisal Subcommittee of the Federal Financial Institutions Examinations Council; (o) The Appraiser Qualifications Board of the Appraisal Foundation; (p) The Appraisal Standards Board of the Appraisal Foundation; (q) Veterans’ Administration; (r) Federal Housing Administration; (s) Oregon Department of Transportation; (t) Oregon Department of Veteran’s Affairs; (u) Oregon Department of Revenue; (v) Association of Mortgage Professionals (w) Oregon Association of Mortgage Professionals Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 3-2003, f. & cert. ef. 5-1-03 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98 ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 7-1991, f. & cert. ef. 12-23-91 ACLB 1-1991(Temp), f. & cert. ef. 5-15-91
161-001-0025 Policies and Procedures The Board may establish, and may direct the Administrator to establish, policies and procedures to implement ORS Chapter 674 and these rules. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-1994, f. & cert. ef. 2-1-94