7.4 Revocation, Suspension, Hearings & Surrender of a Commission

The Secretary of State enforces Chapter 486 through revocation and suspension, under Sections 486.810 to 486.825 RSMo and the procedural rules in 15 CSR 30-100, which the handbook reprints.

Revocation (Section 486.810)

Before revoking, the Secretary must tell the notary the basis for revocation and that it will take effect on a particular date unless a proper appeal is filed first (Section 486.810.3). Resignation or expiration does not stop an investigation: the Secretary may finish it, and the finding becomes a public record whether or not it would have justified revocation (Section 486.810.4). These rules apply to electronic and remote online notaries too (Section 486.810.6).

Suspension (Sections 486.815 and 486.615.3)

• The Secretary may immediately suspend a commission on written notice by certified mail if the situation is deemed to have a serious unlawful effect on the general public. The notary is entitled to a hearing and adjudication as soon as practicable afterward (Section 486.815.1).
• A commission is also suspended when claims exhaust the bond, until a new bond is obtained and the Secretary decides the notary is fit to serve (Section 486.615.3).
• An electronic notary's electronic status is suspended immediately if the only registered signing means is compromised (Section 486.985.2).

Publication and Other Sanctions

The Secretary may publish a list of persons whose commissions were suspended or revoked, including electronic and remote online notaries (Section 486.820). The chapter's sanctions do not preclude any other sanctions or remedies provided by law (Section 486.825), such as civil suits and criminal prosecution.

Procedure Under 15 CSR 30-100

Notice of Revocation (15 CSR 30-100.020)

After a complaint and a decision to seek revocation, the Secretary sends written notice by certified mail to the notary's address on file. It includes the notary's name and address, the commission grant and expiration dates, the specific allegations (the alleged misconduct, its date and place if known, and potential witnesses for the Secretary), and instructions for requesting a hearing.

Deadlines to Request a Hearing

The request must be signed by the notary or the notary's attorney, include contact information (and the attorney's Missouri bar number, if any), and be filed with the Commissions Division in Jefferson City. A notary who wants a telephone hearing must ask for one in the request. A written response to the allegations is filed with the hearing request (15 CSR 30-100.030).

If the notary does not request a hearing, the notary waives it and the revocation proceeds (15 CSR 30-100.010(1)).

Conducting the Hearing (15 CSR 30-100.060)

• Hearings are open to the public; parties may attend and be represented by counsel.
• Hearings are audio recorded; a party may have a court reporter transcribe it at that party's expense.
• Oral evidence is taken only on oath or affirmation. Each party may call and cross-examine witnesses, introduce exhibits, impeach, and rebut.
• The Secretary's representative presents evidence first, then the notary, then rebuttal, then closing statements.
• The burden of proof is on the Secretary's representative, and the standard is a preponderance of the evidence.
• In a telephone hearing, a party or witness who leaves the call or is disconnected is treated as leaving voluntarily, and the hearing goes on.

Surrender Instead of Hearing (15 CSR 30-100.070)

After receiving a notice of revocation and before adjudication, a notary may surrender the commission in writing. The surrender need not admit or deny the allegations, but must state that the notary voluntarily surrenders and will not seek another commission for three years.

Judicial Review (15 CSR 30-100.080)

A notary who receives a final decision revoking the commission may seek judicial review under Chapter 536 RSMo.

Denied Applicants

By contrast, an applicant denied a commission appeals to the Director of Business Services or a designee, and that appeal carries no right to a hearing (15 CSR 30-100.015(5); Section 486.605.5).

After Revocation

A revoked notary must forward the seal to the Secretary, and failure may bring a $500 fine (Section 486.725.6). The journal and records go to the Secretary within thirty days (Section 486.795). A revocation also blocks a new commission for five years (Section 486.605.4(4)).

Exam Scenarios

• Notice on March 1. A notary receives a revocation notice on March 1. Her hearing request must be received by the Secretary within thirty calendar days.
• Emergency suspension. A notary is caught notarizing forged deeds in bulk. The Secretary suspends her commission immediately by certified-mail notice, and a hearing follows as soon as practicable.
• Resign to escape? A notary under investigation resigns. The Secretary may still finish the investigation, and the finding becomes public record.