PURPOSE: This rule lays out the process for filing a complaint against a notary.

1. (1) A complaint may be filed by an individual or by the Notary Commission Unit. All complaints must be—

   1. (A) In writing and signed;
   2. (B) Submitted to the Notary Commission Unit either by mail to commissions@sos.mo.gov or PO Box 784, Jefferson City, MO 65102;

   3. (C) At a minimum, the complaint must contain the following information:

      1. 1. Circumstances surrounding the situa-

tion; and

1. 2. The notary’s name, commission num-

ber (if known), and the county in which the alleged wrong doing allegedly took place;

1. (D) The complaint should include, if known, the names and contact information of any witnesses or parties; including addresses and telephone number, all documents related to the transaction; including copies of the notarized document in question, and any police report filed or investigative information if referred by another agency, and any contact information for legal representative;
2. (E) Upon receipt of the complaint the Notary Commission Unit will review the matter and determine if further action is required;
3. (F) If further action is required, the Notary Commission Unit will notify the notary and may request additional information from the notary;
4. (G) A notary has thirty (30) days from receipt of such notification from the Notary Commission Unit in which to respond. Failure to respond shall constitute grounds for suspension of the notary commission until compliance with the request is met;
5. (H) The Notary Commission Unit will review the response from the notary, and if necessary, make follow-up request for information;
6. (I) Upon completion of their review, the Notary Commission Unit will forward the matter to the Director of Business Services or their designee who will review the matter to determine appropriate action;
7. (J) Upon a decision by the Director of Business Services or their designee, the complainant and notary shall be notified of the decision made; and
8. (K) If the action taken by the Director of Business Services or their designee is to suspend or revoke the notary’s commission, the notary may appeal such decision as outlined under the rules.

AUTHORITY: sections 486.815.1 and 486.830, RSMo Supp. 2020.* Emergency rule filed Aug. 31, 2020, effective Sept. 15, 2020, expired March 13, 2021. Original rule filed Aug. 31, 2020, effective Feb. 28, 2021. *Original authority: 486.815, RSMo 2020 and 486.830, RSMo 2020.