OR Administrative Rule (2025)
Rule/Regulation
Effective: November 05, 2025
SummaryLists common administrative records kept by government agencies, including Notary journals and retention agreements, and prescribes minimum retention periods.
AffectsAmends Section 166-150-0005 of the Oregon Administrative Code.
Changes
- Defines “agency” to mean any of Oregon’s 36 counties or any special district as defined in Section 198.010 of the Oregon Revised Statutes.
- Authorizes government agencies to retain Notary journals by agreement with a Notary employed by the agency after their separation from agency employment.
- Clarifies that retained records may include Notary journals and retention agreement.
- Provides that agencies retaining Notary journals without agreements with a Notary employed by agencies should consult their legal counsel and/or the Secretary of State, Corporation Division for retention instructions.
- Sets the minimum retention period of 10 years after last notarial act.
AnalysisUnder Oregon’s Notary laws, Notaries must retain their journals for 10 years on expiration of, resignation from, or suspension of their commissions (ORS 194.300(6). If the Notary is an employee, the Notary may sign a retention agreement to authorize the employer to retain the Notary’s journals. The employer must retain the journals for at least 10 years after the date of the last act recorded in the journal (OAR 160-100-0360[3]).
This new regulation essentially requires Notaries employed by an “agency” as defined, to follow the same retention requirements as all Notaries. In this case, the Notary’s employing government agency may enter into a retention agreement with a Notary employee to retain the Notary’s journals after separation from employment. The new rule instructs agencies that have not entered into a retention agreement with a Notary employed by the agency to contact legal counsel or the Oregon Secretary of State regarding retention instructions.
To read the administrative rule, click Download PDF below.