15 CSR 30-100.020
(revocation).
(A) The telephone hearing will be scheduled with notice sent by certified mail to the
notary at the address on file with the secretary of state.
(B) Telephone hearings shall have the following additional requirements:
1. The attorney and any witnesses for
the secretary of state may be present in person while the notary is present by telephone;
2. Parties to telephone hearings shall
mail copies of potential exhibits to the other
party in sufficient time for the exhibit to
reach those locations prior to the hearing;
3. A notary or his/her attorney shall
mail potential exhibits to the Office of the
Secretary of State, Commissions Division,
PO Box 784, Jefferson City, MO 65102; and
4. Each potential exhibit shall be designated as a potential exhibit and paginated.
(C) Telephone hearings are evidentiary
proceedings conducted for the convenience of
the notary, and the parties have the following
responsibilities:
1. The connection must be of sufficient
quality that the persons participating can be
clearly heard, and the call will not be unintentionally disconnected (due to things such
as poor cellular reception);
2. The hearing shall not be subject to
interruptions by the parties to attend to nonhearing matters;
3. The parties should be in a location
where there will not be unreasonable background noise.
(D) Any witnesses participating by telephone are subject to the same requirements as
in subsection (3)(C).
(E) If a party or witness leaves the phone
for any reason, or the connection is disconnected, all such action shall be considered
voluntary, and the hearing shall proceed without such party or witness.
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.
15
CSR
30-100.070
Surrender
of
Commission
PURPOSE: This rule states how a notary
public may surrender his/her commission.
(1) A notary may surrender his/her commission at any time after receiving notice of revocation and prior to adjudication. This surrender shall be executed in writing and need not
admit or deny the allegations in the notice of
revocation, but shall state that the notary voluntarily agrees to surrender his/her commission and will not seek to obtain another commission for a period of three (3) years.
AUTHORITY:
sections
486.310
and
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: 486.310, RSMo 1977, amended 2004,
2016 and 486.385, RSMo 1977, amended 2004.