ORS 194.360: Rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Subject to ORS chapter 183, the Secretary of State may adopt rules to implement this chapter. Rules regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. (2) The rules may: (a) Prescribe the manner of performing notarial acts regarding tangible and electronic records; (b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (c) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or electronic signatures; (d) Prescribe the process of granting, conditioning, denying, suspending or revoking a commission as a notary public and ensuring the trustworthiness of an individual holding a commission as a notary public; (e) Include provisions to prevent fraud or mistake in the performance of notarial acts; (f) Provide for the administration of the examination and the course of study under ORS 194.325; and (g) Otherwise carry out the purposes of this chapter. (3) In adopting, amending or repealing rules regarding the performance of notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this chapter: (a) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State; (b) Standards, practices and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts; and (c) The views of governmental officials and entities and other interested persons. [2013 c.219 §26]
Administrative rules citing this section
- OAR 160-100-0000: Definitions — authority
- OAR 160-100-0010: Date of Mailing — implements
- OAR 160-100-0010: Date of Mailing — authority
- OAR 160-100-0020: Name of Notary Public — implements
- OAR 160-100-0020: Name of Notary Public — authority
- OAR 160-100-0030: Signature of Notary Public — implements
- OAR 160-100-0040: Administrative Services Fees — implements
- OAR 160-100-0040: Administrative Services Fees — authority
- OAR 160-100-0110: Use of Official Stamp — authority
- OAR 160-100-0125: Certificate of Authorization — implements
- OAR 160-100-0125: Certificate of Authorization — authority
- OAR 160-100-0140: Notification of Secretary of State of the Use of Electronic Notarization — authority
- OAR 160-100-0146: Notification of Secretary of State of the Use of Remote Online Notarization — authority
- OAR 160-100-0150: Certificate of Authorization — implements
- OAR 160-100-0150: Certificate of Authorization — authority
- OAR 160-100-0160: Notification of Secretary of State That Stamping Device is Unavailable — implements
- OAR 160-100-0170: Notification of Secretary of State of Change in Information — implements
- OAR 160-100-0170: Notification of Secretary of State of Change in Information — authority
- OAR 160-100-0200: Form and Content of Notarial Journal — implements
- OAR 160-100-0200: Form and Content of Notarial Journal — authority
- OAR 160-100-0210: Form and Content of an Electronic Notarial Journal — authority
- OAR 160-100-0215: Storage of Electronic Notarial Journal — authority
- OAR 160-100-0220: Notification of Secretary of State of Lost or Stolen Journal — authority
- OAR 160-100-0230: Additional Notarial Acts That May Be Recorded in Notarial Journal — authority
- OAR 160-100-0240: Information Required to Be Recorded in Record of Protests — authority
- OAR 160-100-0301: Disposition of Notarial Records Upon Suspension of Commission — authority
- OAR 160-100-0310: Disposition of Notarial Records Upon Termination of Commission Due to Resignation — authority
- OAR 160-100-0320: Disposition of Notarial Records Upon Termination of Commission Due to Expiration — authority
- OAR 160-100-0330: Disposition of Notarial Records Upon Termination of Commission Due to Revocation — authority
- OAR 160-100-0340: Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency — authority
- OAR 160-100-0350: Record of Protests of Commercial Paper — authority
- OAR 160-100-0360: Notary Public’s Responsibilities When Agreement Has Been Entered Into with Employer — authority
- OAR 160-100-0400: Maximum Amount of Notary Fees Permitted to be Charged — authority
- OAR 160-100-0410: Displaying List of Notary Fees — authority
- OAR 160-100-0420: Filing Statement of Waiver of Notary Fees; Withdrawing Statement of Waiver — authority
- OAR 160-100-0430: Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State — implements
- OAR 160-100-0430: Filing Complaint Against Notary Public; Investigation of Notary Public by Secretary of State — authority
- OAR 160-100-0500: Notification of Secretary of State of Conviction — implements
- OAR 160-100-0500: Notification of Secretary of State of Conviction — authority
- OAR 160-100-0510: Conviction of a Lesser Offense Incompatible with the Duties of a Notary Public — authority
- OAR 160-100-0600: Refusal to Issue, Revocation, Suspension, Civil Penalties and Official Warning — authority
- OAR 160-100-0610: Conduct Which Constitutes Official Misconduct — authority
- OAR 160-100-0620: Appeal Process — authority
- OAR 160-100-0700: Satisfactory Evidence — authority
- OAR 160-100-0805: Credential Analysis and Authentication for Remote Online Notarization — authority
- OAR 160-100-0855: General Technology Requirements for Remote Online Notarization — authority
- OAR 160-100-1000: Definitions — implements
- OAR 160-100-1000: Definitions — authority
- OAR 160-100-1010: Provider Certificate of Approval — implements
- OAR 160-100-1010: Provider Certificate of Approval — authority
- OAR 160-100-1020: Lesson Plan — implements
- OAR 160-100-1020: Lesson Plan — authority
- OAR 160-100-1130: Grounds for Termination of a Certificate of Approval — authority
This rule cites
- ORS chapter 183 — target_record_not_published
- ORS 194.325 — resolved
Cited by
- ORS 194.277: Notarial act performed for remotely located individual; rules.
- ORS 194.280: Certificate of notarial act.
- ORS 194.305: Notification regarding performance of notarial act with respect to electronic records; selection of technology; acceptance of tangible copy of electronic record.
- OAR 160-100-1030: Deficient Application or Lesson Plan
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors194.html