Iowa Admin. Code r. 721-43.8

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 721-43.8 - Notary public sanctions

The secretary of state may impose any of the sanctions set out in Iowa Code section 9B.23 including issuing a letter of reprimand as a condition on a commission as a notary public.

(1)Complaint. A person alleging misconduct by a notary public shall complete and file a Statement of Complaint with the secretary of state. The secretary of state may also initiate investigations without the filing of a complaint if information is provided to the secretary of state that a notary public has allegedly engaged in conduct prohibited in Iowa Code section 9B.23. A copy of the complaint or a notice of investigation shall be sent to the notary public.

(2)Investigation. The secretary of state shall conduct an investigation to determine if the conduct alleged occurred and if sanctions should be imposed. Upon completion of an investigation, the secretary of state shall dismiss the matter, issue a letter of reprimand as a condition on commission, or set the matter for hearing as a contested case proceeding. A dismissal or issuance of a letter of reprimand as a condition on commission is deemed final agency action for purposes of judicial review under Iowa Code section 17A.19.

(3)Hearing. If a hearing is set, it shall be conducted as a contested case proceeding in accordance with Iowa Code chapter 17A and 721-Chapter 3. A final decision by the secretary of state is subject to judicial review as provided in Iowa Code section 17A.19.

Iowa Admin. Code r. 721-43.8

Adopted by IAB May 20, 2020/Volume XLII, Number 24, effective 7/1/2020