ORS 194.166¹
Grounds for refusal to appoint
  • revocation or suspension of commission

The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds:

(1) Failure to meet or maintain the qualifications required under ORS 194.005 (Definitions for ORS 194.005 to 194.200) to 194.200 (Action for damages or injunction for violation of ORS 194.166) or refusal of the consent described under ORS 194.024 (Investigation of applicant).

(2) Substantial and material misstatement or omission of fact in the application submitted to the Secretary of State.

(3) Engaging in official misconduct.

(4) Conviction of a felony, or of a lesser offense incompatible with the duties of a notary public.

(5) Revocation, suspension, restriction or denial of a professional license issued by a governmental entity, if the revocation, suspension, restriction or denial was for misconduct, dishonesty or any cause substantially relating to the duties or responsibilities of a notary public.

(6) When adjudged liable for damages in any suit grounded in fraud or misrepresentation or in any suit based upon a failure to discharge fully and faithfully the duties as notary public.

(7) The use of false or misleading advertising wherein the notary public has represented that the notary public has powers, qualifications, rights or privileges that the office of notary does not have, including the power to counsel on immigration matters.

(8) Engaging in the unauthorized practice of law.

(9) Charging more than the maximum fees adopted by the Secretary of State by rule under ORS 194.164 (Maximum fees for notarial acts).

(10) Failure to comply with ORS 194.162 (Misrepresentation of notarial powers) (3) and (4).

(11) Commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another or substantially injure another.

(12) Failure to complete an acknowledgment at the time the notary’s signature and official seal are affixed to the document.

(13) Execution of any certificate as a notary public containing a statement known to the notary public to be false.

(14) Using officially an official seal, seal embosser or other device making an imprint or impression that does not conform to ORS 194.031 (Notarial seal) or to the rules of the Secretary of State.

(15) Failure to give notice of change of address as required under ORS 194.047 (Change of address) or apply for, or give notice of, a change of name as required under ORS 194.052 (Change of name). [1989 c.976 §25]

1 Legislative Counsel Committee, CHAPTER 194—Notaries Public, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors194.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information