§ 194.405 — Action for damages or injunction; attorney fees and costs; employer’s liability

Oregon § 194.405

• Jurisdiction: Oregon
• Vol.: 5
• Title 19: Miscellaneous Matters Related to Government and Public Affairs
• Ch. 194: Uniform Law on Notarial Acts; Unsworn Foreign Declarations

Text

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.

Legislative History

2013 c.219 §44 (enacted in lieu of 194.200)