OAR 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 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

Source: Rule 160-100-0430 — Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=160-100-0430.

160‑100‑0000
Definitions 160‑100‑0010
Date of Mailing 160‑100‑0020
Name of Notary Public 160‑100‑0030
Signature of Notary Public 160‑100‑0040
Administrative Services Fees 160‑100‑0100
Description of Imprint of Official Stamp 160‑100‑0110
Use of Official Stamp 160‑100‑0120
Description of Official Stamping Device 160‑100‑0125
Certificate of Authorization 160‑100‑0130
Use of an Embosser 160‑100‑0140
Notification of Secretary of State of the Use of Electronic Notarization 160‑100‑0146
Notification of Secretary of State of the Use of Remote Online Notarization 160‑100‑0150
Certificate of Authorization 160‑100‑0160
Notification of Secretary of State That Stamping Device is Unavailable 160‑100‑0170
Notification of Secretary of State of Change in Information 160‑100‑0200
Form and Content of Notarial Journal 160‑100‑0210
Form and Content of an Electronic Notarial Journal 160‑100‑0215
Storage of Electronic Notarial Journal 160‑100‑0220
Notification of Secretary of State of Lost or Stolen Journal 160‑100‑0230
Additional Notarial Acts That May Be Recorded in Notarial Journal 160‑100‑0240
Information Required to Be Recorded in Record of Protests 160‑100‑0301
Disposition of Notarial Records Upon Suspension of Commission 160‑100‑0310
Disposition of Notarial Records Upon Termination of Commission Due to Resignation 160‑100‑0320
Disposition of Notarial Records Upon Termination of Commission Due to Expiration 160‑100‑0330
Disposition of Notarial Records Upon Termination of Commission Due to Revocation 160‑100‑0340
Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency 160‑100‑0350
Record of Protests of Commercial Paper 160‑100‑0360
Notary Public’s Responsibilities When Agreement Has Been Entered Into with Employer 160‑100‑0400
Maximum Amount of Notary Fees Permitted to be Charged 160‑100‑0410
Displaying List of Notary Fees 160‑100‑0420
Filing Statement of Waiver of Notary Fees 160‑100‑0430
Filing Complaint Against Notary Public 160‑100‑0500
Notification of Secretary of State of Conviction 160‑100‑0510
Conviction of a Lesser Offense Incompatible with the Duties of a Notary Public 160‑100‑0600
Refusal to Issue, Revocation, Suspension, Civil Penalties and Official Warning 160‑100‑0610
Conduct Which Constitutes Official Misconduct 160‑100‑0620
Appeal Process 160‑100‑0700
Satisfactory Evidence 160‑100‑0805
Credential Analysis and Authentication for Remote Online Notarization 160‑100‑0855
General Technology Requirements for Remote Online Notarization 160‑100‑1000
Definitions 160‑100‑1010
Provider Certificate of Approval 160‑100‑1020
Lesson Plan 160‑100‑1030
Deficient Application or Lesson Plan 160‑100‑1040
Notification of Changes of Approved Provider Information 160‑100‑1050
Lesson Plan Revisions 160‑100‑1060
Certificate of Education 160‑100‑1070
List of Attendees 160‑100‑1080
Secretary of State Attending Approved Course of Study 160‑100‑1090
Duty to Respond to a Written Request from the Secretary of State 160‑100‑1100
Cancellation or Delay of Scheduled Approved Course of Study 160‑100‑1105
Complaints Against an Approved Provider 160‑100‑1110
List of Approved Providers 160‑100‑1120
Renewal of a Certificate of Approval 160‑100‑1130
Grounds for Termination of a Certificate of Approval 160‑100‑1140
Termination of Certificate of Approval 160‑100‑1150
Cancellation of Certificate of Approval
Last Updated

Jun. 8, 2021

Rule 160-100-0430’s source at or​.us