Hearings

PURPOSE: This rule describes the nature of the hearing to revoke a notary public’s commission. (1) A revocation or suspension hearing will be conducted in the following manner: (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, 600 W. Main Street, Jefferson City, MO 65101; (B) All hearings will be audio recorded. Upon request, and at the expense of a party to the proceeding making the request, the secretary of state’s office will cause the hearing to be transcribed by a court reporter present for the hearing. Any other party may obtain a copy of the transcript upon the payment of the costs of preparation; (C) If the hearing is not transcribed, the audio record will contain— 1. A listing of all materials filed in connection with the hearing; 2. A listing of all documents and exhibits submitted as evidence; 3. All matters officially noticed; and 4. All offers of proof, objections, and rulings; (D) Evidence shall be received in the following manner: 1. Oral evidence shall be taken only on oath or affirmation; 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 3. Copies of writings, documents, and records shall be admissible without proof that the originals thereof cannot be produced if it appears by testimony or otherwise that the copy offered is a true copy of the original; and (E) The order in which evidence will be presented is as follows: 1. The secretary of state’s representative shall present evidence first; 2. The notary shall then have the opportunity to present his/her evidence in the same manner; 3. Each party has the right to rebut the evidence presented; and 4. Closing statements may be made by each party in the order evidence was presented; and (F) The burden of proof will be on the secretary of state’s representative, and the standard of proof shall be a preponderance of the evidence. (2) Notice of the date, time, and place of the hearing will be sent by certified mail to the notary at the address on file with the secretary of state’s office. (3) A revocation hearing may be conducted by telephone upon request of the notary as set forth in 15 CSR 30-100.015 (suspension) or