29-250 C.M.R. ch. 700, § 4 - DENIAL, NON-RENEWAL, SUSPENSION OR REVOCATION OF A NOTARY PUBLIC COMMISSION; COMPLAINTS

1. Complaints. A person may file a complaint with the Secretary of State regarding the performance of a notary public. The complaint should include the complainant's contact information and a detailed statement describing the basis for the complaint and attaching any relevant records.

2. Investigation. The Secretary of State may, on its own initiative or in response to a complaint, make such investigation as it determines to be reasonable and necessary to determine whether a person has violated, is violating or is about to violate any provision of 4 M.R.S chapter 39 or this rule. The Secretary of State may require the filing of statements by the alleged violator or others with knowledge of the allegations and require production of records that the Secretary of State deems relevant to the investigation.

3. Denial, non-renewal, suspension, revocation or imposition of conditions on a notary public commission.

A. Grounds. The Secretary of State may deny, refuse to renew, suspend, revoke or impose a condition on the commission of a notary public for any act or omission that demonstrates the individual lacks the competence, reliability, or integrity to act as a notary public, including any of the following:

(1) Conflicts of interest. Performance of a notarial act with regard to which the notary has a conflict of interest as defined in 4 M.R.S. §1904 (3), or performing an acknowledgment prohibited pursuant to 4 M.R.S. § 1904(4);

(2) Prohibited acts. Performance of a notarial act prohibited by 4 M.R.S. §1904, subsection 5, or section 1915, subsection 16 or 17, or any acts prohibited by 4 M.R.S. §1926;

(3) Change of name without notice. Performance of a notarial act using a different name than the name on the notary commission without having notified the Secretary of State of the name change.

(4) Fraud, deceit or dishonesty. Committing an act of fraud, deceit or dishonesty;

(5) Criminal convictions. Conviction of a crime punishable by one year or more of imprisonment or a crime involving fraud, dishonesty or deceit;

(6) False or misleading advertising. Use of false or misleading advertising or otherwise engaging in a method, act, or practice that is unfair or deceptive, including any untrue or misleading statement or omission of a material fact relating to a duty or responsibility of a notary public;

(7) False or misleading statements in notary application. An untrue or misleading statement or omission of a material fact in any application or filing with the Secretary of State required by law;

(8) Noncompliance with information requests. Failure to comply with any reasonable information request made by the Secretary of State for the purpose of evaluating the notary's status or application for a commission or renewal of a commission or any request by the Secretary of State for production of records under section 4 subsection 2; or

(9) Failure to comply with notary statute and rules. Failure to comply with any other provision of 4 M.R.S. chapter 39 or this rule.

B. Right to a hearing. If the Secretary of State denies an application for a notary public commission, imposes a condition on a commission, refuses to renew, suspends, or revokes a notary public commission, the applicant or notary public has a right to a hearing in accordance with the Maine Administrative Procedure Act, 5 M.R.S. chapter 375, subchapter 4. The applicant or notary public must be notified in writing of the action taken by the Secretary and of their right to a hearing.

C. Decision by Secretary of State. After hearing, the Secretary shall issue a written decision which may be appealed to Superior Court pursuant to 5 M.R.S. chapter 375, subchapter 7.

Notes

29-250 C.M.R. ch. 700, § 4