ORS 194.980
Civil penalties

  • factors
  • notice
  • hearing
  • rules

(1)

In addition to any other penalty provided by law, the Secretary of State may impose a civil penalty for each violation of any provision of this chapter or any rule adopted by the secretary under this chapter. The civil penalty shall be in the amount adopted under subsection (2) of this section, plus any costs of service or recording costs.

(2)

Intentionally left blank —Ed.

(a)

The Secretary of State by rule shall establish the amount of civil penalty that may be imposed for a particular violation. A civil penalty may not exceed $1,500 per violation.

(b)

In imposing a penalty authorized by this section, the secretary may consider the following factors:

(A)

The past history of the individual incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(B)

Any prior violations.

(C)

The gravity and magnitude of the violation.

(D)

Whether the violation was repeated or continuous.

(E)

Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

(F)

Any relevant rule of the secretary.

(G)

The notary public’s cooperativeness and efforts to correct the violation.

(c)

The penalty imposed under this section may be paid upon those terms and conditions as the secretary determines to be proper and consistent with the public benefit. Upon request of the notary public incurring the penalty, the secretary shall consider evidence of the economic and financial condition of the notary public in determining whether a penalty shall be paid.

(3)

Imposition or payment of a civil penalty under this section is not a bar to any action described in ORS 194.405 (Action for damages or injunction), to a criminal proceeding or to a proceeding under ORS 194.340 (Grounds to deny, revoke, suspend or condition commission of notary public).

(4)

A civil penalty may not be imposed under this section until the notary public incurring the penalty has been given notice in writing from the Secretary of State specifying the violation. The notice is in addition to the notice required under ORS 183.745 (Civil penalty procedures) and shall be served in the same manner as the notice required under ORS 183.745 (Civil penalty procedures).

(5)

Intentionally left blank —Ed.

(a)

After initial notice as provided in subsection (4) of this section, a civil penalty may be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).

(b)

The Secretary of State may delegate to a hearings officer appointed by the secretary, upon such conditions as deemed necessary, all or part of the authority to conduct hearings required under ORS 183.745 (Civil penalty procedures).

(6)

Notwithstanding ORS 180.070 (Power of Attorney General to conduct investigations and prosecutions) (3), expenses incurred by the Secretary of State or Attorney General under subsections (1) to (5) of this section or under ORS 194.405 (Action for damages or injunction) (2) shall be paid from the Operating Account under ORS 56.041 (Operating Account).

(7)

All civil penalties and costs recovered under this section shall be paid into the Operating Account under ORS 56.041 (Operating Account). [1989 c.976 §28; 1991 c.734 §11; 1993 c.66 §12; 2013 c.219 §51]

Source: Section 194.980 — Civil penalties; factors; notice; hearing; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors194.­html.

194.205
Short title
194.215
Definitions
194.225
Authority to perform notarial act
194.230
Requirements for certain notarial acts
194.235
Personal appearance required
194.240
Identification of individual
194.245
Authority to refuse to perform notarial act
194.250
Signature if individual unable to sign
194.255
Notarial act in this state
194.260
Notarial act in another state
194.265
Notarial act under authority of federally recognized Indian tribe
194.270
Notarial act under federal authority
194.275
Foreign notarial act
194.277
Notarial act performed for remotely located individual
194.280
Certificate of notarial act
194.285
Short form certificates
194.290
Official stamp
194.295
Stamping device
194.300
Journal
194.305
Notification regarding performance of notarial act with respect to electronic records
194.315
Commission as notary public
194.325
Examination of notary public
194.340
Grounds to deny, revoke, suspend or condition commission of notary public
194.345
Database of notaries public
194.350
Prohibited acts
194.355
Validity of notarial acts
194.360
Rules
194.365
Application fee
194.370
Investigation of applicant
194.375
Protest of commercial paper
194.380
Record of protest
194.385
Powers of notary public connected with corporation
194.390
Disposition of records on vacancy in office
194.395
Recovery and disposition of fines
194.400
Fees for notarial acts
194.405
Action for damages or injunction
194.415
Attorney General to investigate or prosecute violation
194.425
Disposition of moneys
194.435
Uniformity of application and construction
194.440
Relation to Electronic Signatures in Global and National Commerce Act
194.800
Short title
194.805
Definitions
194.810
Applicability
194.815
Validity of unsworn declaration
194.820
Required medium
194.825
Form of unsworn declaration
194.830
Uniformity of application and construction
194.835
Relation to Electronic Signatures in Global and National Commerce Act
194.980
Civil penalties
194.985
Official Warning to Cease Violation
194.990
Criminal penalties
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