PURPOSE: This rule sets out when notice of revocation will be given and the contents of the notice.

1. (1) Before any deputy, officer, attorney or employee of the secretary of state conducts a hearing to revoke a notary commission, a written notice shall be mailed, return receipt requested, to the notary public at the last known residence address on file with the secretary of state. This written notice shall contain the following information:

   1. (A) The caption and number of the case;
   2. (B) The notary public’s name and address;
   3. (C) The date the notary commission was granted and the expiration date of that commission;
   4. (D) The specific allegations stating what grounds exist for revoking the notary’s commission. These allegations shall indicate the notary public’s alleged misconduct and the date and place of the misconduct; and
   5. (E) The names of potential witnesses on behalf of the secretary of state.

2. (2) This notice shall be considered served upon the notary public on the date of its mailing and a hearing shall be held no sooner than thirty (30) days after service of the notice and no later than ninety (90) days after service of the notice unless the notary or the secretary of state have consented to continue the hearing.

   Rebecca McDowell Cook (5/31/99)*

AUTHORITY: section 486.385.2, RSMo 1986. Original rule filed Dec. 16, 1985, effective April 11, 1986.