Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-4 - DENIAL, NON-RENEWAL, SUSPENSION OR REVOCATION OF A NOTARY PUBLIC COMMISSION; COMPLAINTS

Current through 2024-29, July 17, 2024
1.
Complaints.
A person may file a complaint with the Secretary of
				  State regarding the performance of a notary public. The complaint should
				  include the complainant's contact information and a detailed statement
				  describing the basis for the complaint and attaching any relevant
				  records.
2.
Investigation.
The Secretary of State may, on its own initiative
				  or in response to a complaint, make such investigation as it determines to be
				  reasonable and necessary to determine whether a person has violated, is
				  violating or is about to violate any provision of 4 M.R.S chapter 39 or this
				  rule. The Secretary of State may require the filing of statements by the
				  alleged violator or others with knowledge of the allegations and require
				  production of records that the Secretary of State deems relevant to the
				  investigation.
3.
Denial,
				  non-renewal, suspension, revocation or imposition of conditions on a notary
				  public commission.
A.
Grounds.
The Secretary of State may deny, refuse to renew,
				  suspend, revoke or impose a condition on the commission of a notary public for
				  any act or omission that demonstrates the individual lacks the competence,
				  reliability, or integrity to act as a notary public, including any of the
				  following:
(1)
Conflicts of
				  interest.
Performance of a notarial act with regard to which the notary
				  has a conflict of interest as defined in  4 M.R.S. §1904 (3), or
				  performing an acknowledgment prohibited pursuant to  4 M.R.S. §
													1904(4);
(2)
Prohibited
				  acts.
Performance of a notarial act prohibited by  4 M.R.S. §1904,
				  subsection 5, or section 1915, subsection 16 or 17, or any acts prohibited by  4
				  M.R.S. §1926;
(3)
Change of name without notice.
Performance of a notarial act using
				  a different name than the name on the notary commission without having notified
				  the Secretary of State of the name change.
(4)
Fraud, deceit or dishonesty.
Committing an act of fraud, deceit or dishonesty;
(5)
Criminal convictions.
Conviction of a crime punishable by one year or more of imprisonment or a crime
				  involving fraud, dishonesty or deceit;
(6)
False or misleading
				  advertising.
Use of false or misleading advertising or otherwise
				  engaging in a method, act, or practice that is unfair or deceptive, including
				  any untrue or misleading statement or omission of a material fact relating to a
				  duty or responsibility of a notary public;
(7)
False or misleading statements in
				  notary application.
An untrue or misleading statement or omission of a
				  material fact in any application or filing with the Secretary of State required
				  by law;
(8)
Noncompliance
				  with information requests.
Failure to comply with any reasonable
				  information request made by the Secretary of State for the purpose of
				  evaluating the notary's status or application for a commission or renewal of a
				  commission or any request by the Secretary of State for production of records
				  under section 4 subsection 2; or
(9)
Failure to comply with notary
				  statute and rules.
Failure to comply with any other provision of 4
				  M.R.S. chapter 39 or this rule.