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IA Administrative Rules 2012 (Commission Revocation)

Rule/Regulation

State: Iowa

Effective: February 15, 2012

Summary

This administrative rule covers matters related to the revocation of a Notary's commission.

Affects

Creates new rule 721-43.6(9E) in the Iowa Administrative Code.

Changes
  1. Provides the Secretary of State may revoke a Notary commission for cause. 
  2. Provides that in the event that a formal complaint is received by the Secretary of state, an investigation shall be conducted to determine if there is sufficient cause for revocation.
  3. Provides that the Secretary shall provide forms to complainants and Notaries and further provides that every direction of every instruction shall be complied with and each question or portion of every form answered in the same manner.
  4. Provides that a formal complaint must be submitted to the Secretary on a complaint form supplied by the Secretary's business services office and that each submitted complaint form must comply with the form instructions and include the basis for the complaint.
  5. Provides that the complainant shall provide copies of any written documentation supporting the allegations set forth in the complaint as attachments to the complaint, and further provides that incomplete complaint forms shall be returned to the complainant with a brief explanation stating the basis for rejection.
  6. Provides that the Notary who is the subject of the complaint shall be notified by the Secretary within 15 days from the receipt of the complaint, and that the Secretary shall provide a copy of the complaint and a Notary response form.
  7. Provides that the Notary may submit a completed response form for the purposes of the complaint investigation within 15 days of receipt of the copy of the complaint and response form.
  8. Provides that a completed Notary response form must be submitted by personal service or by certified mail, return receipt requested, to the Assistant Director of Business Services, Secretary of State, Business Services Division, Lucas State Office Building, Des Moines, Iowa 50319.
  9. Provides that the Notary response form shall be considered filed on the date of personal service or on the date of the United States Postal Service postmark ad that if the Notary does not respond within 15 days, the assistant director of business services may still conduct the investigation and reach a decision based on the information available.
  10. Provides that the complainant and Notary shall be duly notified of the decision and the assistant director’s basis for the decision.
  11. Provides that if the investigation reveals sufficient cause for revocation, the Secretary shall send a notice of revocation to the Notary by certified mail, return receipt requested, and further provides that the notice shall state the cause of the revocation and shall inform the person of the right to a hearing on the revocation in accordance with the requirements set forth in Iowa Code section 17A.12(2).
  12. Provides that delivery of the notice of revocation shall constitute commencement of the contested case proceeding.
  13. Provides that contested case hearings shall be afforded to all parties to respond and present evidence and argument on all issues involved and to be represented by counsel at their own expense, and further provides that every contested case shall comply with the requirements for informal and formal disposition outlined in Iowa Code section 17A.12 and shall follow the contested case hearing procedures set forth in Iowa Code section 17A.12 and in rule 721—3.6(17A).
  14. Provides that a written appeal form requesting a contested case hearing shall be obtained from the office of the Secretary and submitted within 15 days from the date of receipt by the Notary who is the subject of the complaint of the decision of the assistant director of business services.
  15. Provides that a written appeal form must be submitted in writing by personal service or by certified mail, return receipt requested, to the Assistant Director of Business Services, Secretary of State, Business Services Division, Lucas State Office Building, Des Moines, Iowa 50319, and further provides that a request for hearing shall be considered filed on the date of personal service or on the date of the United States Postal Service postmark.
Analysis

This administrative rule covers matters related to the revocation of a Notary's commission, included how such matters will be adjudicated before the Secretary of State.

Read the adopted administrative rules.

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