Title 194 · ORS Chapter 194

194.277. ����� (2) A notary public may charge an additional fee for traveling to perform a notarial act if: ����� (a) The notary public explains to the person requesting the notarial act that the fe

Citation: ORS 194.277

Section: 194.277

194.277.

����� (2) A notary public may charge an additional fee for traveling to perform a notarial act if:

����� (a) The notary public explains to the person requesting the notarial act that the fee is in addition to a fee specified in subsection (1) of this section and is in an amount not determined by law; and

����� (b) The person requesting the notarial act agrees in advance upon the amount of the additional fee.

����� (3) If a notary public charges fees under this section for performing notarial acts, the notary public shall display, in English, a list of the fees the notary public will charge.

����� (4) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.

����� (5) A public body as defined in ORS 174.109 may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body. [2013 c.219 �42 (enacted in lieu of 194.164); 2020 s.s.1 c.12 ��30,31; 2021 c.344 �5]

����� 194.405 Action for damages or injunction; attorney fees and costs; employer�s liability. In addition to other remedies provided by law:

����� (1) A person injured by a violation of ORS 194.350 may bring an individual action in an appropriate court to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.

����� (2) If the person has not brought a civil action under subsection (1) of this section, the Secretary of State or Attorney General may bring a civil action on behalf of a person injured by a violation of ORS 194.350 to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.

����� (3) An employer of a notary public is liable to the notary public for all damages recovered from the notary public as a result of a violation of any provision of this chapter or any rule adopted by the Secretary of State under this chapter that was coerced by threat of the employer, if the threat, such as that of demotion or dismissal, was made in reference to the particular notarial act that was the subject of the action.

����� (4) An action under this section must be commenced within six years after the cause of action has accrued. [2013 c.219 �44 (enacted in lieu of 194.200)]

����� 194.410 [Amended by 1963 c.428 �1; repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 194.410)]

����� 194.415 Attorney General to investigate or prosecute violation; payment of expenses. (1) If the Secretary of State believes that an alleged violation of any provision of this chapter is not being investigated or prosecuted, the secretary may direct the Attorney General to take full charge of the investigation or prosecution.

����� (2) If directed under subsection (1) of this section, the Attorney General shall take full charge of the investigation or prosecution and the provisions of ORS 180.070,