(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)]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations
Section 194.215 - Definitions.
Section 194.225 - Authority to perform notarial act.
Section 194.230 - Requirements for certain notarial acts.
Section 194.240 - Identification of individual.
Section 194.245 - Authority to refuse to perform notarial act.
Section 194.255 - Notarial act in this state.
Section 194.260 - Notarial act in another state.
Section 194.265 - Notarial act under authority of federally recognized Indian tribe.
Section 194.270 - Notarial act under federal authority.
Section 194.275 - Foreign notarial act.
Section 194.277 - Notarial act performed for remotely located individual; rules.
Section 194.280 - Certificate of notarial act.
Section 194.285 - Short form certificates.
Section 194.290 - Official stamp.
Section 194.295 - Stamping device.
Section 194.315 - Commission as notary public; qualifications; no immunity or benefit.
Section 194.325 - Examination of notary public.
Section 194.340 - Grounds to deny, revoke, suspend or condition commission of notary public.
Section 194.345 - Database of notaries public.
Section 194.350 - Prohibited acts.
Section 194.355 - Validity of notarial acts.
Section 194.365 - Application fee.
Section 194.370 - Investigation of applicant; consent.
Section 194.375 - Protest of commercial paper.
Section 194.385 - Powers of notary public connected with corporation; limitations.
Section 194.400 - Fees for notarial acts; collection of fees.
Section 194.405 - Action for damages or injunction; attorney fees and costs; employer’s liability.
Section 194.415 - Attorney General to investigate or prosecute violation; payment of expenses.
Section 194.440 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 194.800 - Short title.
Section 194.805 - Definitions.
Section 194.810 - Applicability.
Section 194.815 - Validity of unsworn declaration.
Section 194.820 - Required medium.
Section 194.825 - Form of unsworn declaration.
Section 194.830 - Uniformity of application and construction.
Section 194.835 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 194.980 - Civil penalties; factors; notice; hearing; rules.