PURPOSE: This rule sets out how notice of revocation will be given, the contents of the notice, and how a notary can request a hearing.

1. (1) Upon receipt of a complaint and a decision to seek revocation of a notary commission, written notice shall be mailed by certified mail to the notary at the address on file with the secretary of state’s office. The notice shall contain the following information:

   1. (A) The notary’s name and address;
   2. (B) The date the notary’s commission was granted and the expiration date of that commission;
   3. (C) The specific allegations stating what grounds exist for revoking the notary’s commission. The allegations shall indicate the notary’s alleged misconduct, the date and place of the misconduct (if applicable and known), and the name(s) of potential witnesses on behalf of the secretary of state; and
   4. (D) Instructions for requesting a hearing on the revocation.

2. (2) When a notary has received a notice of revocation, the notary may request a hearing on the revocation.

   1. (A) A request for hearing on the revocation must be received by the secretary of state’s office no later than thirty (30) calendar days after the notary receives the written notice of revocation, or the notary will have waived his/her right to a hearing on the revocation.
   2. (B) A request for hearing must be signed by the notary or his/her attorney, contain the name, mailing address, and telephone number(s) of the notary, and, if applicable, the notary’s attorney’s name, Missouri bar number, address, telephone number, facsimile number, and electronic mail address, if any, and shall be filed with the Office of the Secretary of State, Commissions Division, PO Box 784, Jefferson City, MO 65102.
   3. (C) If the notary desires the hearing on the revocation to be conducted by telephone, the notary must include that request in his/her request for hearing and provide the telephone number that the notary will use during the hearing.
   4. (D) Hearings held under this regulation will be subject to the requirements of 15 CSR 30-100.060.

AUTHORITY: section 486.385.2, RSMo 2016.* Original rule filed Dec. 16, 1985, effective April 11, 1986. Amended: Filed April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.385, RSMo 1977, amended 2004.