Oregon Administrative Code

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 notar…

160-100-0100 Description of Imprint of Official Stamp (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 rig…

160-100-0110 Use of Official Stamp (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 notar…

160-100-0120 Description of Official Stamping Device (1) Stamping device, as used in ORS 194.215(17) and 194.295, 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 t…

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) On…

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 nota…

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 using the prescribed form with the Secretary of State before such …

160-100-0146 Notification of Secretary of State of the Use of Remote Online Notarization A commissioned Notary Public may apply to the Secretary of State to perform remote online notarizations using communication technology after completing the required Remote Online Notarization…

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 record…

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 af…

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) P…

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 i…

160-100-0210 Form and Content of an Electronic Notarial Journal (1) A notary may record an electronic notarization in a paper notarial journal, an electronic notarial journal, or both. (2) In an electronic notarial journal, the signature of the signer must be: (a) Attached to or …

160-100-0215 Storage of Electronic Notarial Journal (1) The records of a notary public shall remain within the exclusive control of the notary public at all times.The notary must ensure that records of remote online notarizations are retained in compliance with ORS 194.300. (2) R…

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 for…

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 oat…

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 Sta…

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 l…

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…

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 th…

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)…

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, con…

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 p…

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 terminat…

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.…

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 t…

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 publi…

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,…

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 accordanc…

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 f…

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 …

160-100-0610 Conduct Which Constitutes Official Misconduct The following conduct constitutes official misconduct, as defined in ORS 194.340, for purposes of refusing to issue, revoke or suspend a notary public's commission, assessing a civil penalty against a person pursuant to 1…

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 cont…

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 Permi…

160-100-0805 Credential Analysis and Authentication for Remote Online Notarization (1) The requirement for at least two different types of identity proofing under ORS 194.240 is satisfied if the notary public identifies a remotely located individual in accordance with the require…

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 s…

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 Secretar…

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 A…

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 i…

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…

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…

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 appr…

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 nota…

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 corre…

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, m…

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 nu…

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 …