Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0610 - Conduct Which Constitutes Official Misconduct

Current through Register Vol. 63, No. 7, July 1, 2024
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 160-100-0020. 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 160-100-0170. 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 160-100-0170.
			 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.