justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0230 SOS-AD 1-1991, f. & cert. ef. 1-7-91 Reverted to 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 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0240 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 4-2010, f. 2-22-10, cert. ef. 3-1-10
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0310 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0320 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0330 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0340 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0350 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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 ORS 194.300 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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0360 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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 ORS 194.400(2)(a)(b) and 194.400(3), a notary may also charge a fee for traveling to perform a notarial act. (3) A notary public performing a remote online notarization shall not charge, attempt to charge, or receive a notary fee that is more than $25 per notarial act. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.400 & HB 4212 (2020) History: CORP 1-2021, amend filed 02/18/2021, effective 02/18/2021 CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 7-2009, f. 12-22-09, cert. ef. 1-1-10 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0400 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 & 194.400 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0410 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.300 & 194.400 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0420 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. 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 1-2001, f. 6-14-01, cert. ef. 7-1-01 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0430 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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). 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 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0500 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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 ORS 194.340 and OAR 160-100-0610(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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.340 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0510 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.980 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0600 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0620 Appeal Process In the event the Secretary of State sanctions a notary public for official misconduct or proposes to refuse to appoint or proposes to revoke or suspend a commission, an opportunity for a public hearing will be provided pursuant to ORS 194.340, 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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.340 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0620 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0700 Satisfactory Evidence For the purposes of ORS 194.240: (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. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.240 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 8-2009, f. 12-22-09, cert. ef. 1-1-10
160-100-0855 General Technology Requirements for Remote Online Notarization (1) Each document completed as part of a remote online notarization shall be electronically signed and rendered tamper-evident. (2) The method of remote online notarization shall ensure privacy and data security. (3) The method of remote online notarization shall ensure all applicable consumer data, privacy and information security laws are satisfied through their information security programs. (4) Records of a remote online notarization must be retained in a safe and secure manner for ten years following the date of the notarization. Records must be available to the Secretary of State upon request. (5) The audio and video quality requirements for a remote online notarization operating model should: (a) Consist of reliable, continuous, synchronous audio and video feeds with clarity such that all participants can be clearly seen and understood. (b) Ensure the audio and video are adequate for communication and ability to terminate the session if adequate conditions are not met. (6) The audio/video recording shall: (a) Include the person-to person interaction required as part of the notarial act; (b) Be logically associated to the electronic notary journal; (c) Be capable of being viewed and heard using broadly available audio/video players. (7) The transaction documents executed in the remote online notarization act shall not be recorded as part of the video recording. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: HB 4212 (2020) History: CORP 1-2021, adopt filed 02/18/2021, effective 02/18/2021
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. 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