1. (a) The jurisdiction of the secretary of state to investigate a complaint is limited to individuals who are commissioned or have applied for commission or renewal of a commission as a Texas notary public. The jurisdiction of the secretary of state to investigate a complaint ceases upon the expiration, revocation or surrender of a notary public commission, except as provided in §87.35 of this title (relating to Time for Action).

2. (b) A person harmed by the actions of a notary public may file a complaint with the secretary of state on a form prescribed by the secretary of state. The complaint shall include:

   1. (1) the name of the notary public who is the subject of the complaint;
   2. (2) the expiration date of the notary public's current commission;
   3. (3) the name, mailing address, and email address of the individual filing the complaint;
   4. (4) whether the notary was performing an online notarization;
   5. (5) a recitation of the facts, within the personal knowledge of the complainant, relating to the alleged misconduct by the notary public; and
   6. (6) copies of the notarized documents that are the subject of the complaint.
3. (c) The complaint shall be signed and verified by the person alleging misconduct on the part of the notary public.
4. (d) The secretary of state may, for good cause, as defined in §87.31 of this title (relating to Good Cause), and/or as otherwise referenced in this title, initiate its own complaint against a notary public.

Source Note:The provisions of this §87.32 adopted to be effective August 19, 2018, 43 TexReg 5355.