Authority: IC 33-42-16-2

Affected: IC 33-42-13

Sec. 2. (a) The secretary of state may determine that the allegations in the complaint are not sufficient to warrant formal disciplinary action. In such case, the secretary of state may:

1. (1) take no action on the complaint;
2. (2) informally advise the notary public of the appropriate conduct as well as the applicable statutes and rules governing the conduct; or
3. (3) request further information from the complainant or the notary public prior to taking action.

(b) If the secretary of state determines that the complaint alleges sufficient facts to result in disciplinary action against the notary public, the secretary of state may send interrogatories or a show cause letter with any attachments the secretary of state deems to be relevant to the notary public.

(c) The notary public must respond to the complaint in writing. The response must:

1. (1) specify any disputed facts and provide such additional information as the notary public shall desire; and
2. (2) be received by the secretary of state within thirty (30) days of the date that the secretary of state's mailings were sent to the notary public.

(d) The secretary of state shall review the response and determine whether further administrative action is appropriate. If the secretary determines that no further action is appropriate, the secretary shall notify the notary public and the complainant of the determination in writing.

(e) If the secretary determines that further administrative action is appropriate, the secretary shall take action under IC 33-42-13-1.

(Secretary of State; 75 IAC 7-4-2; filed Mar 26, 2020, 1:09 p.m.: 20200401-IR-075190329FRA, eff Mar 31, 2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA)