MO Administrative Rules 2017 (Revocation and Hearing)
Rule/Regulation
Effective: October 01, 2017
SummaryThe Secretary of State has published new and amended rules related to revocation and suspension of a Notary commission and matters related thereto.
AffectsAdds 15 CSR 30.100.015, amends 15 CSR 30.100.010, 30.100.020, 30.100.030, 30.100.060, 30.100.070 and 30.100.080, and repeals 15 CSR 30.100.040 and 30.100.050.
Changes
- Adds suspension of a commission to the rule regarding revocation and suspension of a Notary commission and sets out the general nature of how a Notary commission may be revoked or suspended
- Provides the manner by which a Notary may request a hearing when the Notary has received a notice of suspension.
- Makes the following changes to the rule regarding notice of revocation and request for a hearing: removes redundant words, modifies what is included in the notice of revocation, sets forth how to request a hearing, and sets out how notice of revocation will be given and the contents of the notice.
- Makes the following changes to the rule regarding response to a notice of revocation: changes the term “answer” to “response,” removes redundant words, changes when the response must be filed and what it must contain and updates the address where the response is to be filed.
- Rescinds the prior rule regarding prehearing conferences since they have historically not been held in Notary revocation cases, and Notaries are often representing themselves.
- Rescinds the prior rule regarding subpoenas because subpoenas have historically not been issued in Notary revocation cases, and there is no statutory authority to enforce them.
- Changes the location for posting the public notice of a hearing, adds a requirement for audio recording of the hearing, clarifies what must be recited into the record in an audiotaped hearing, allows for hearing by telephone, and sets forth how a telephone hearing is requested and conducted, with responsibilities for parties or witnesses participating by telephone.
- Removes words in the rule regarding the suspension of a commission to make it consistent with other sections, and adds to the statutory authority for the regulation.
- Changes the term “final adjudication” in the rule on appeals to reflect what will be included in the decision and clarifies that judicial review is under Chapter 536 generally.
AnalysisThe Missouri Secretary of State has updated its administrative rules related to revoking and suspending Notary commissions, requests for a hearing, responses to a notice of revocation, hearings and surrender of a Notary commission. The final rules also repeal two sections on prehearing conferences and subpoenas.
Read the adopted administrative rule.