PURPOSE: This rule describes the nature of the hearing to revoke a notary public’s commission.

1. (1) A notary revocation hearing will be conducted in the following manner:

   1. (A) All hearings will be open to the public. All parties have a right to be present and to be represented by counsel, if they so desire. Notice of the hearing will be posted prominently in the Office of the Secretary of State, Commissions Division, Truman State Office Building, Jefferson City, MO 65101;
   2. (B) Upon request and at the expense of a party to the proceeding, the secretary of state will cause the hearing to be recorded and transcribed. Any other party may obtain a copy of the transcript upon the payment of the costs of preparation;

   3. (C) If the hearing is not transcribed, the record will contain—

      1. 1. All materials filed in connection with

the hearing;

1. 2. All documents and exhibits submitted

as evidence;

1. 3. All matters officially noticed;
2. 4. Formal questions and offers of proof,

objections and rulings; and

1. 5. The written decision of the adjudica-

tor including findings of fact and conclusions of law;

1. (D) Evidence shall be received in the following manner:

   1. 1. Oral evidence shall be taken only on

oath or affirmation;

1. 2. Each party shall have the right to call

and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not subject to the direct examination, to impeach any witness regardless of which party first called him/her to testify and to rebut the evidence against him/her; and

1. 3. Copies of writings, documents and

records shall be admissible without proof that the originals thereof cannot be produced, if it shall appear by testimony or otherwise that the copy offered is a true copy of the original; and

1. (E) The order in which evidence will be presented is as follows:

   1. 1. The secretary of state’s representative

shall present evidence first and the burden of proof will be on the secretary of state’s representative;

1. 2. The notary public shall then have the

opportunity to present his/her evidence in the same manner;

1. 3. Each party has the right to rebut the

evidence presented; and

1. 4. Closing statements may be made by

each party in the order evidence was presented.

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