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OR Administrative Rules 2010 (Identification and Fees)

Rule/Regulation

State: Oregon

Effective: January 01, 2010

Summary

Chapter 194 of the Oregon Statutes authorizes the Secretary of State to issue administrative rules to carry out the purposes of Oregon’s Notary laws. House Bill 2085 of 2009 made changes to the laws prescribing the forms of written identification a Notary may accept as satisfactory evidence and authorizing the Secretary by rule to raise the maximum fees a Notary may charge for notarial acts to $10. The new and amended rules reported in this New Law Alert clarify the meaning of terms in the new satisfactory evidence law and raise the fees a Notary may charge for the specified notarial acts to $10. New rules also increase the fees the Secretary of State may charge for issuing a duplicate commission and Certificate of Authorization to Obtain Official Seal, and direct the Secretary to charge the public $10 for each notarial act performed by an employee-Notary of the Corporations Division.

Affects

Adds Sections 160-005-0008 and 160-100-0700 to and amends Sections 160-100-0040 and 160-100-0400 of the Oregon Administrative Rules.

Changes
  1. Clarifies that in ORS 194.515 with respect to the written identification a Notary may accept as satisfactory evidence of identity the word “current” means not expired and the words “United States passport” means a U.S. passport and a U.S. passport card issued by the U.S. Department of State.
  2. Directs the Secretary of State to collect $10 per notarial act performed by a Notary who is employed by the Secretary for a notarial act performed during the course of the employee- Notary’s employment.
  3. Raises the fee charged by the Secretary of State for issuing a duplicate Notary commission and for issuing a duplicate Certificate of Authorization to Obtain Official Seal from $5 to $10.
  4. Sets a fee of $50 payable to the Secretary of State for each monthly list of Notaries Public and $50 for each standard list of all active Notaries Public.
  5. Deletes the maximum fee of $1 that a Notary may charge for taking a deposition and for any other notarial act performed by the Notary for which a fee is not stipulated in the administrative rule.
  6. Raises the maximum fees a Notary may charge for an acknowledgment, from $5 to $10; (b) for taking a verification upon an oath or affirmation, from $5 to $10; (c) for administering an oath or affirmation without a signature, from $1 to $10; (d) for certifying a copy of a document, from $5 to $10; (e) for witnessing or attesting a signature, from $5 to $10; and (f) for protesting commercial paper, from $5 to $10, except for a check drawn on an insolvent financial institution, in which case the fee is $0.
Analysis

In 2009, Oregon amended its laws specifying the types of written identification a Notary may accept as satisfactory evidence of identity and clarifying that in setting the fees that a Notary may charge by administrative rule, the Secretary of State may not set a fee for a notarial act that exceeds $10. Chapter 194 of the Oregon Statutes gives the Secretary of State authority to promulgate administrative rules to carry out the purposes of Oregon’s Notary laws. Therefore, the Secretary has filed new and amended rules. Rule 160-100-0700 clarifies the meaning of the terms “current” and United States Passport.” With respect to the latter, the new rule clarifies that Notaries now may accept the new U.S. Passport Card or the regular U.S. Passport. The amended rule on maximum fees was necessary because technically the law states that the Secretary must specify maximum fees by rule. Thus, amended rule 160-100-0400 raises the fees Notaries may charge for acknowledgments, verifications, signature witnessings, copy certifications and protests to $10, and for administering an oath or affirmation without a signature to $5, and removes the fees a Notary may charge for taking a deposition and for any other notarial act for which a fee is not specified. Finally, new rule 160-005-0008 directs the Secretary to charge the public $10 for the notarial acts performed by Notaries who are employed by the Secretary’s Corporations Division and amended rule 160-100-0040 raises the fees charged by the Secretary for issuing a duplicate Notary commission and for issuing a duplicate Certificate of Authorization to Obtain Official Seal to a Notary.

Read the adopted administrative rules (see page 553).

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