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 to 183.470.