Or. Admin. Code § 160-100-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 160-100-0000 - Definitions

As used in ORS 194.205 to 194.990, and OAR 160-100-0000 to 160-100-0850:

(1) "Public Records Address" shall mean postal or street address.

(2) "Days" means calendar days.

(3) "Electronic notarial signature" means an electronic signature, as defined in ORS 194.215, used by the notary to officially sign electronic records.

(4) "Notary," as used in these rules, means "notary public."

(5) "Oath of Office" in accordance with ORS 194.315(3), a notary public shall keep on file an Oath of Office with the Secretary of State, affirming the notary's intent to follow the laws and constitutions of the United States of America and the State of Oregon.

(6) "Official Misconduct" means the grounds to deny, revoke, suspend, or condition the commission of a notary public, as stated in ORS 194.340.

(7) "Official Stamp" or "Official Notary Stamp" means a physical image affixed to a tangible record that can be legibly reproduced by a photographic method, and that meets the description of OAR 160-100-0100; or information required under 160-100-0100(3) that is attached to or logically associated with an electronic record. An official stamp does not include a stamping device, as defined in ORS 194.215(17). The official stamp of a notary public is an official notarial seal for all purposes under the law of this state.

(8) "Practice" means conducting a course of repeated notarizations in Oregon beyond a 30-day period.

(9) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) "Remote online notarization" means a notarial act performed for a remotely located individual by means of communication technology.

(11) "Remote online notarization vendor" means a third-party that offers the services of a tamper-evident technology approved for remote online notarization acts.

(12) "Secretary of State" means the Corporation Division of the Secretary of State's office.

(13) "Tamper-evident" means in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident.

(14) "Venue" shall include both the jurisdiction of the Oregon notary public and the county in which the notarial act was performed.

Or. Admin. Code § 160-100-0000

SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0000; CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13; CORP 2-2014, f. 3-4-14, cert. ef. 3-6-14; CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020; CORP 1-2021, amend filed 02/18/2021, effective 2/18/2021

Statutory/Other Authority: ORS 194.360

Statutes/Other Implemented: ORS 194.315, HB 4212 (2020), ORS 194.215 & ORS 194.340