Key Takeaways
- Sanctions range from official warnings to commission revocation and civil penalties
- First misconduct for minor violations typically results in a warning
- Dishonesty or fraud can result in 90-day suspension and $1,000 civil penalty
- Failure to file records after revocation results in $500 penalty
- Executing a false certificate results in commission revocation
Last updated: January 2026
Misconduct and Sanctions
Oregon Administrative Rules (OAR 160-100-0610) establish specific sanctions for notary misconduct.
Sanction Categories
| Sanction Level | Description |
|---|---|
| Official warning | Written notice, first offense |
| Civil penalty | Monetary fine |
| Suspension | Temporary loss of commission |
| Revocation | Permanent loss of commission |
| Refusal to issue | Denial of initial commission |
Specific Misconduct and Sanctions
Loss of Qualifications
| Misconduct | First Offense Sanction |
|---|---|
| Failure to maintain qualifications | Revocation |
Dishonesty and Fraud
| Misconduct | Sanction |
|---|---|
| Act involving dishonesty, fraud, or deceit with intent to benefit self or another | 90-day suspension + $1,000 civil penalty |
Criminal Conviction
| Misconduct | Sanction |
|---|---|
| Felony conviction | Revocation or refusal to issue |
| Crime involving fraud, dishonesty, or deceit | Revocation or refusal to issue |
False Certificates
| Misconduct | Sanction |
|---|---|
| Executing certificate known to be false | Revocation |
Failure to File Records (After Revocation)
| Misconduct | Sanction |
|---|---|
| Not filing notarial records with SOS | $500 |
| Not filing stamp device with SOS | $500 |
General Violations
| Misconduct | First Offense Sanction |
|---|---|
| Other prohibited or mandated acts under ORS 194 | Official warning |
| Violation of SOS rules | Official warning |
| Violation of other notarization laws | Official warning |
Progressive Discipline
For repeat offenses, sanctions typically escalate:
| Offense Number | Typical Escalation |
|---|---|
| First offense | Warning |
| Second offense | Civil penalty |
| Third offense | Suspension |
| Continued violations | Revocation |
Note: Serious offenses (fraud, felony, false certificate) result in immediate revocation regardless of prior record.
Avoiding Misconduct
| Best Practice | Prevents |
|---|---|
| Know the law | Unintentional violations |
| Verify identity carefully | Fraud involvement |
| Complete certificates accurately | False certificate claims |
| Keep proper records | Record-keeping violations |
| Stay within scope | UPL and advertising violations |
Reporting Requirements
Notaries must notify the Secretary of State of:
- Address changes
- Name changes
- Criminal convictions
- Loss of qualification
On the Exam
- False certificate: Results in revocation
- Fraud/dishonesty: 90-day suspension + $1,000 fine
- Minor violations: Usually warning first
- Failure to file after revocation: $500 penalty
Test Your Knowledge
What is the sanction for a notary who executes a certificate they know to contain false statements?
A
B
C
D
Test Your Knowledge
A notary commits an act involving fraud with intent to benefit themselves. What is the sanction?
A
B
C
D