W. Va. Code R. § 153-45-26

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-45-26 - Causes for Denial, Conditioning, Suspension, or Termination of Registration

26.1. The Secretary of State shall deny, condition, suspend, or terminate registration as an electronic notary, remote online notary, or remote ink notary, for any of the following reasons:

26.1.1. Submission of a registration form containing material misstatement or omission of fact;

26.1.2. Failure to obtain or maintain the capability to perform electronic notarial acts, remote online notarial acts, or remote ink notarial acts, except as allowed in section 24 of this rule; or

26.1.3. The notary's performance of official misconduct.

26.2. If the Secretary of State denies a registration for electronic notarization, remote online notarization, or remote ink notarization, the individual making application may request a hearing according to the provisions of 153 CSR 47 to contest the decision of the Secretary of State.

26.3. Prior to conditioning, suspending, or terminating a notary's registration, the Secretary of State shall provide notice to the notary in the form of a short, plain statement of the basis for action, the date, time, and place of a hearing on the matter, and the name of the hearing examiner. The procedures for any hearing regarding the conditioning, suspension, or termination of an electronic notary's registration must be conducted according to the procedures set forth in 153 CSR 47.

26.4. Neither resignation nor expiration of a notary commission, an electronic notary registration, remote online notary registration, or remote ink notary registration, precludes or terminates an investigation by the Secretary of State into the notary's conduct. The investigation may be pursued to a conclusion, whereupon it must be made a matter of public record whether or not the finding would have been grounds for conditioning, suspension, or termination of the commission or registration of the notary.

W. Va. Code R. § 153-45-26