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RI Administrative Rules (2013)

Rule/Regulation

State: Rhode Island

Effective: October 22, 2013

Summary

The Rhode Island Department of Administration has promulgated administrative rules of practice and procedure for investigating, prosecuting, and adjudicating allegations against Notaries Public.

Affects

Adds several sections to the Rhode Island Administrative Code 220-50-052.

Changes
  1. Allows any identifiable person to submit a complaint in writing and preferably on a form provided by the Department of Administration.
  2. Provides that if the Department has jurisdiction over the complaint and the Complaint states sufficient facts establishing reasonable cause, the Department shall make whatever investigation it deems necessary, including serving a copy of the complaint to the respondent.
  3. Provides that upon completion of an investigation, the Department may take of of the following steps: (a) if the Department determines the complaint fails to establish reasonable cause for a finding of violation of the standards of conduct in the Governor's Executive Order, the Department shall take no action; (b) if the Department determines the complaint establishes reasonable cause for a finding of violation of the standards of conduct in the Governor's Executive Order, the Department shall take such action it deems appropriate under applicable law and the rules, including the removal of the Notary under RIGL 42-30-10.
  4. Provides that a notice of determination issued by the Department to the Notary shall provide: (a) a statement of legal authority and jurisdiction to proceed; (b) a statement of the allegations and findings, including a copy of the Complaint; (c) reference to particular statutes, rules or Standards that appear to have been violated; (d) a statement of the sanctions to be imposed; and, (e) an opportunity to request a hearing within 20 days of the mailing of the determination notice.
  5. Provides that if a Notary does not request a hearing within 20 days of the mailing of determination, any and all sanction shall be imposed and become effective on the 21st day after the mailing and the right of the Notary to request a hearing will have been waived.
  6. Provides that if a Notary requests a hearing, the request shall establish a contested case and the case will be conducted in accordance with the Department's Office of Administrative Hearings Rules and Regulations; and further provides that fter the hearing, the hearing officer shall issue a written decision to the Director of Administration for consideration and approval.
  7. Provides that any party aggrieved by a final written order of the Director may file a complaint with the Superior Court pursuant to RIGL 42-35-15.
Analysis

The Rhode Island Department of Administration has promulgated administrative rules of practice and procedure for investigating, prosecuting, and adjudicating allegations against Notaries Public. The regulations were adopted to provide for the fair, prompt and orderly administration of investigations, prosecutions, adjudication and potential discipline of Notaries Public consistent with the Rhode Island Administrative Procedures Act. The authority to discipline Notaries Public was delegated to the Department of Administration (“Department”) by the Office of the Governor through the issuance of Executive Order 09-08.

To read the adopted administrative rule, download the PDF below.

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