Oregon Statutes 194.340 – Grounds to deny, revoke, suspend or condition commission of notary public
(1) The Secretary of State may deny, revoke, suspend or impose a condition on a commission as a notary public for:
Terms Used In Oregon Statutes 194.340
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Notary public: means an individual commissioned to perform a notarial act by the Secretary of State. See Oregon Statutes 194.215
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Oregon Statutes 194.215
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Oregon Statutes 194.215
(a) Failure of the applicant or notary public to comply with any provision of this chapter, any rule adopted by the Secretary of State under this chapter or any other state or federal law relating to any duty required of a notary public;
(b) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary;
(c) A conviction of the applicant or notary public for any felony or for a crime involving fraud, dishonesty or deceit;
(d) A conviction of the applicant or notary public for:
(A) Acting as or otherwise impersonating a notary public as described in ORS § 194.990 (1)(b);
(B) Obstructing governmental or judicial administration under ORS § 162.235 (1)(b); or
(C) Engaging in the unlawful practice of law as described in ORS § 9.160;
(e) A finding by a court that the applicant or notary public:
(A) Practiced law without a license in a suit under ORS § 9.166; or
(B) Engaged in an unlawful trade practice described in ORS § 646.608 (1)(vvv);
(f) Entering into an assurance of voluntary compliance, pursuant to ORS § 646.632, based on an alleged violation of ORS § 646.608 (1)(vvv);
(g) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty or deceit;
(h) Use of false or misleading advertising or representation by the notary public representing that the notary public has powers, qualifications, rights or privileges that the notary public does not have, including the power to counsel on immigration matters;
(i) Denial, revocation, suspension or conditioning of a commission as a notary public in another state; or
(j) Execution of any certificate as a notary public containing a statement known to the notary public to be false.
(2) If the Secretary of State denies, revokes, suspends or imposes a condition on a commission as a notary public, opportunity for hearing shall be accorded as provided in ORS Chapter 183 for a contested case.
(3) The authority of the Secretary of State to deny, revoke, suspend or impose a condition on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. [2013 c.219 § 22; 2016 c.47 § 4]
The amendments to 194.340 by section 8, chapter 410, Oregon Laws 2023, become operative January 1, 2025. See section 9, chapter 410, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
(1) The Secretary of State may deny, revoke, suspend or impose a condition on a commission as a notary public for:
(a) Failure of the applicant or notary public to comply with any provision of this chapter, any rule adopted by the Secretary of State under this chapter or any other state or federal law relating to any duty required of a notary public;
(b) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary;
(c) A conviction of the applicant or notary public for any felony or for a crime involving fraud, dishonesty or deceit;
(d) A conviction of the applicant or notary public for:
(A) Acting as or otherwise impersonating a notary public as described in ORS § 194.990 (1)(b);
(B) Obstructing governmental or judicial administration under ORS § 162.235 (1)(b); or
(C) Engaging in the unlawful practice of law as described in ORS § 9.160;
(e) A finding by a court that the applicant or notary public:
(A) Practiced law without a license in a suit under ORS § 9.166; or
(B) Engaged in an unlawful trade practice described in ORS § 646.608 (1)(uuu);
(f) Entering into an assurance of voluntary compliance, pursuant to ORS § 646.632, based on an alleged violation of ORS § 646.608 (1)(uuu);
(g) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty or deceit;
(h) Use of false or misleading advertising or representation by the notary public representing that the notary public has powers, qualifications, rights or privileges that the notary public does not have, including the power to counsel on immigration matters;
(i) Denial, revocation, suspension or conditioning of a commission as a notary public in another state; or
(j) Execution of any certificate as a notary public containing a statement known to the notary public to be false.
(2) If the Secretary of State denies, revokes, suspends or imposes a condition on a commission as a notary public, opportunity for hearing shall be accorded as provided in ORS Chapter 183 for a contested case.
(3) The authority of the Secretary of State to deny, revoke, suspend or impose a condition on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.