Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment removes redundant words,
modifies what is included in the notice of revocation, and sets forth a method
to request a hearing.
PURPOSE: This rule sets out
how
notice of revocation will be given, the contents
of the notice, and how a notary can request a hearing.
(1) Upon receipt of a complaint and a
decision to seek revocation of a notary commission, written notice shall be
mailed by certified mail to the notary at the address on file with the
secretary of state's office. The notice shall contain the following
information:
(A) The
notary's name and address;
(B) The date
the notary's commission was granted and the expiration date of that
commission;
(C) The
specific allegations stating what grounds exist for revoking the notary's
commission. The allegations shall indicate the notary's alleged misconduct, the
date and place of the misconduct (if applicable and known), and
the
name(s) of potential witnesses on behalf of the secretary of state;
and
(D) Instructions for
requesting a hearing on the revocation.
(2) When a notary has received a notice of
revocation, the notary may request a hearing on the revocation.
(A) A request for hearing on the revocation
must be received by the secretary of state's office no later than thirty (30)
calendar days after the notary receives the written notice of revocation, or
the notary will have waived his/her right to a hearing on the
revocation.
(B) A request for
hearing must be signed by the notary or his/her attorney, contain the name,
mailing address, and telephone number(s) of the notary, and, if applicable, the
notary's attorney's name, Missouri bar number, address, telephone number,
facsimile number, and electronic mail address, if any, and shall be filed with
the Office of the Secretary of State, Commissions Division, PO Box 784,
Jefferson City, MO 65102.
(C) If
the notary desires the hearing on the suspension to be conducted by telephone,
the notary must include that request in his/her request for hearing and provide
the telephone number that the notary will use during the hearing.
(D) Hearings held under this regulation will
be subject to the requirements of
15 CSR
30-100.060.
