ORS 194.360 Rules

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.

The rules may:

Prescribe the manner of performing notarial acts regarding tangible and electronic records;

Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or electronic signatures;

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;

Include provisions to prevent fraud or mistake in the performance of notarial acts;

Provide for the administration of the examination and the course of study under ORS 194.325; and

Otherwise carry out the purposes of this chapter.

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:

The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;

Standards, practices and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts; and

The views of governmental officials and entities and other interested persons.