Uniform Law on Notarial Acts

ORS 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:

(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 (Criminal penalties) (1)(b);

(B)

Obstructing governmental or judicial administration under ORS 162.235 (Obstructing governmental or judicial administration) (1)(b); or

(C)

Engaging in the unlawful practice of law as described in ORS 9.160 (Bar membership required to practice law);

(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 (Enjoining practicing law without a license); or

(B)

Engaged in an unlawful trade practice described in ORS 646.608 (Additional unlawful business, trade practices) (1)(vvv);

(f)

Entering into an assurance of voluntary compliance, pursuant to ORS 646.632 (Enjoining unlawful trade practices), based on an alleged violation of ORS 646.608 (Additional unlawful business, trade practices) (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]
Source

Last accessed
May 26, 2023

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