Oregon UPL Statute Summary

Oregon Revised Statutes 9.280 Prohibition on acting as immigration consultant

1. It shall be a violation of ORS 9.160 (Bar membership required to practice law) for any person to engage in the business or act in the capacity of an immigration consultant in this state, for compensation, unless the person is an active member of the Oregon State Bar.

2. As used in this section, unless the context or subject matter requires otherwise:

  • Immigration consultant means any person who gives advice on an immigration matter, including but not limited to drafting an application, brief, document, petition or other paper or completing a form provided by a federal or state agency in an immigration matter.
  • Immigration matter means any proceeding, filing or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Department of Homeland Security, the United States Department of Justice, the United States Department of State or the United States Department of Labor.

3. This section does not apply to any person or qualified designated entity authorized by federal law to represent persons before the United States Department of Homeland Security or the United States Department of Justice. [1987 c.860 §5; 2007 c.61 §1]

Note: Sections 1 and 2, chapter 753, Oregon Laws 2015, provide:

Sec. 1. Task Force on Immigration Consultant Fraud.

1. The Task Force on Immigration Consultant Fraud is established, consisting of 12 members as follows:

(a) The President of the Senate shall appoint one member from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

(c) The Secretary of State or the Secretary of States designee shall serve as a member of the task force.

(d) The Governor shall appoint the following members:

(A) A representative of the Oregon State Bar.

(B) An attorney who practices in the area of immigration.

(C) A representative of the Oregon Advocacy Commissions Office.

(D) A representative of the Department of Justice.

(E) A representative of an organization of criminal defense attorneys in this state.

(F) A member representing prosecutors in this state.

(G) A representative of an organization that advocates for low-wage workers.

(H) A member representing law enforcement.

(I) A representative of an organization advocating for immigrants and refugees.

2. The task force shall study the issue of violations of ORS 9.280 (Prohibition on acting as immigration consultant) by immigration consultants and the practice of immigration consultants attempting to obstruct persons from reporting violations of ORS 9.280 (Prohibition on acting as immigration consultant).

3. A majority of the voting members of the task force constitutes a quorum for the transaction of business.

4. Official action by the task force requires the approval of a majority of the voting members of the task force.

5. The task force shall elect one of its members to serve as chairperson.

6. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

7. The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

8. The task force may adopt rules necessary for the operation of the task force.

9.The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to a committee or an interim committee of the Legislative Assembly related to immigration as appropriate no later than September 15, 2015.

10. The Oregon Advocacy Commissions Office shall provide staff support to the task force.

11. Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Oregon Advocacy Commissions Office for purposes of the task force.

12. All agencies of state government, as defined in ORS 174.111 (State government defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.753 §1]

Sec. 2. Repeal. Section 1 of this 2015 Act is repealed on December 31, 2016. [2015 c.753 §2]

Enforcement Mechanisms/Complaint Processes for UPL

The Oregon State Bar has an Unlawful Practice of Law Committee. The Committee’s mission is to “Investigate complaints of unlawful practice of law and to recommend prosecution where appropriate.”  The Bar does not take any enforcement action other than the UPL Committee sending a letter to the UPL individual/organization stating that he/she/it is practicing law without a license, in violation of Oregon law. Enforcement is left up to the Oregon AG’s office or other entity.
 

The Oregon State Bar does provide helpful information to the public on UPL here. It refers individuals who believe they may have been victims of UPL to the Oregon Attorney General as follows: “If you believe you have been the victim of consumer fraud or would like to file a complaint against a business please contact the Attorney General’s Consumer Hotline at 1-877-877-9392 from 8:30 a.m. to 4:30 p.m., or complete an online Oregon DOJ Consumer Complaint Form anytime. You may also wish to visit the Oregon Department of Justice’s Consumer Protection website for more information here”
 

Individuals can also send a complaint in writing to the Oregon State Bar; this will likely be referred to the UPL Committee for follow-up.

The Oregon Attorney General (AG)’s Office main efforts with regard to UPL consist of their Consumer Hotline (see above #3) and via the internet and their online Consumer Complaint Form.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Oregon, you may contact the Client Assistance Office of the Oregon State Bar using this page.

Contact Information for Relevant Agencies

Oregon State Bar:

OSB General Counsel’s Office
Attn: Unlawful Practice of Law 
P.O. Box 231935 
Tigard, OR 97281-1935
Telephone: 503 620-0222 ext. 334

Attorney General:

Oregon Department of Justice
1162 Court St. NE
Salem, OR 97301
Email: help@oregonconsumer.gov 

Telephone numbers:

Salem: (503) 378-4320 [Justice Building] or (503) 947-4540 [Robertson Building]
Portland: (503) 673-1880 
Bend: (541) 693-2844
Medford: (541) 414-1030

Becoming a Notary Public

Applicants must:

  • 18 years of age or older.
  • Resident of Oregon or have a place of employment or practice in this state.
  • Able to read and write English.
  • Never had a notary public commission revoked during the 10-year period preceding the application date.
  • Completed a notary training course within the last 6 months.
    • Note: Not required of current Oregon notaries with an active commission at the time the new application is received in our office.
  • Never convicted of a felony or crime involving fraud, dishonesty or deceit during the 10-year period preceding the application date.
  • Passed the Secretary of State’s Notary Public examination​.
  • Not have been convicted of:
    • Acting as or otherwise impersonating a notary public as described in ORS 194.990;
    • Obstructing governmental or judicial administration under ORS 162.235 (1)(b); or
    • Engaging in the unlawful practice of law as described in ORS 9.160.
  • Not have been found by a court to have:

Go to the Online Notary Application​.
Additional information about becoming a notary and the notary requirements can be found here.