§955-C. Disciplinary action; grounds; procedure; complaints

1.  Grounds.  The Secretary of State may suspend, revoke or refuse to renew the commission of a notary public in the State. The Secretary of State's actions may be based on any of the following grounds:

A. The notary public has performed in an improper manner any duty imposed upon the notary public by law;   [PL 1997, c. 712, §2 (NEW).]

B. The notary public has performed acts not authorized by law;   [PL 1997, c. 712, §2 (NEW).]

C. The notary public is in violation of section 954-A or section 960;   [PL 2017, c. 277, §1 (AMD).]

D. The notary public has been convicted of a crime as defined by rules adopted by the Secretary of State. These rules must provide that a conviction for perjury, false swearing, bribery, corrupt practices or forgery or related offenses may be a basis for the Secretary of State to suspend, revoke or refuse to renew the commission of a notary public. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; or   [PL 2017, c. 277, §2 (AMD).]

E. The notary public has allowed another person to use that notary public's commission.   [PL 2017, c. 277, §3 (NEW).]

[PL 2017, c. 277, §§1-3 (AMD).]

2.  Procedure.  A notary public commission may not be suspended, revoked or refused for renewal for the reasons set forth in subsection 1 without prior written notice and opportunity for hearing. A notary public commission may not be suspended, revoked or refused for renewal under this section except by a decision by the Secretary of State or the Secretary of State's designee.

[PL 1997, c. 712, §2 (NEW).]

3.  Complaints.  Any person may file a complaint with the Secretary of State seeking disciplinary action against a notary public. Complaints must be in writing in a form prescribed by the Secretary of State. The Secretary of State may also bring a complaint against a notary public if the Secretary of State determines that the notary public may have violated the provisions of subsection 1. If the Secretary of State determines that a complaint alleges facts that, if true, would require revocation, suspension or nonrenewal of commission or other disciplinary action, the Secretary of State shall conduct a hearing pursuant to the Maine Administrative Procedure Act. Whenever the Secretary of State establishes that a complaint does not state facts that warrant a hearing, the complaint may be dismissed. Persons making complaints must be advised in writing of all formal decisions made by the Secretary of State regarding that complaint. Any person whose notary public commission has been suspended, revoked or refused for renewal may apply to the Secretary of State in writing for the reinstatement of the notary public commission or as set by rule for convictions pursuant to subsection 1, paragraph D at a time specified in the decision of the Secretary of State, and, in the case of revocation, any person may apply for a new commission one year from the date of the Secretary of State's original action.

[PL 1997, c. 712, §2 (NEW).]

SECTION HISTORY

PL 1997, c. 712, §2 (NEW). PL 2005, c. 629, §2 (AMD). PL 2017, c. 277, §§1-3 (AMD).