reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0104 - ADA ACCOMMODATION

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant to become a notary public, electronic notary
					 public, or certified notary instructor who needs accommodation pursuant to the
					 Americans with Disabilities Act shall:
(1) with regard to a notary course and exam
				  accommodation request, direct the request to the institution offering the
				  course and exam, in which instance the institution may consult with the
				  Department about the accommodation requested; or
(2) with regard to the online recommissioning
				  exam, certified notary instructor initial or recertification oral presentation
				  or written exam, contact the Department and request an accommodation.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0105 - OBTAINING REQUESTED INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
A filer shall:
(1)
				  use reasonable efforts to obtain information requested by the
				  Department;
(2) deliver to the
				  Department all requested information that is available to the filer;
				  and
(3) if unable to obtain
				  requested information, describe to the Department the efforts taken to obtain
				  the information.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0106 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
The Department may waive any rule in this Chapter that is
					 not statutorily required on request of a filer or on its own initiative based
					 on the factors set forth in Rule .0108 of this Section.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0107 - CONTENTS OF WAIVER REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
A request for waiver of a rule in this Chapter shall be in
					 writing and shall include:
(1) the
				  requestor's:
(a) name;
(b) mailing address;
(c) email address; and
(d) preferred telephone number for
				  contact;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0108 - FACTORS USED IN CONSIDERING WAIVER REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Factors to be considered when the Department considers a
					 waiver request are:
(1) information
				  about the requestor and the request, including the requestor's:
(a) explanation of the reasons for the
				  request;
(b) control over the
				  circumstances leading to the request;
(c) experience with the Notary Act and the
				  rules in this Chapter;
(d) record
				  of timeliness, completeness, and accuracy of filings with the
				  Department;
(e) history of waiver
				  requests, if any; and
(f) impact of
				  granting or denying the request on the requestor; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0109 - COMPUTATION OF TIME PERIODS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall calculate time periods based on
					 G.S.
					 1A-1, Rule 6, unless otherwise noted in the
					 rules in this Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0100 - GENERAL PROVISIONS › Section 07B .0110 - REQUEST TO DEPARTMENT FOR CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
A request to the Department for information about a notary
					 that is confidential pursuant to
					 G.S.
					 10B-7,
					 G.S.
					 10B-60,
					 G.S.
					 10B-106, or that is personally identifiable
					 information shall:
(1) be in
				  writing;
(2) include the name of
				  the requestor and contact information for the requestor; and
(3) document the right of the requestor to
				  receive the confidential information.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0201 - US CURRENCY

Current through Register Vol. 39, No. 2, July 15, 2024
Filers shall tender fees in U.S. dollars and
					 cents.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0202 - ONLINE FEE PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Filers who tender fees online shall pay by:
(1) an automated clearinghouse debit account
				  (ACH);
(2) a credit card;
				  or
(3) a debit
				  card.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0203 - FEES PAID IN PERSON

Current through Register Vol. 39, No. 2, July 15, 2024
Filers who tender fees in person shall pay with:
(1) one of the following types of checks,
				  made payable to the N.C. Department of the Secretary of State:
(a) a personal or business check;
				  or
(b) a cashier's
				  check;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0204 - FEES PAID BY USPS OR BY DELIVERY SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Filers who tender fees through delivery by United States
					 Postal Service (USPS) or by a designated delivery service authorized pursuant
					 to 26 U.S.C.
					 7502(f)(2) shall pay using
					 one of the following methods, made payable to the N.C. Department of the
					 Secretary of State:
(1) a personal or
				  business check;
(2) a money order;
				  or
(3) a cashier's check.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0205 - FEE FOR DISHONORED PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
					 G.S.
					 25-3-506, the Department may charge a
					 thirty-five dollar ($35.00) processing fee to a filer if a tendered payment is
					 dishonored by a bank or financial institution.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0206 - FILING NOT PROCESSED IF PAYMENT DISHONORED

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall not continue to process a filing for
					 which processing has not been completed if the Department receives notice that
					 a payment has been dishonored.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0207 - DEPARTMENT ACTIONS UPON DISHONORED PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
If the Department has received notice that a tendered
					 payment has been dishonored, regardless of whether the Department has completed
					 processing the filing:
(1) the filing
				  shall be deemed incomplete;
(2) the
				  filing shall be voided if payment is not made in full within 15 calendar days
				  of the dishonor pursuant to Rule .0208 of this Section; and
(3) if any information has been posted on
				  the Department's website indicating that commissioning, registration,
				  licensure, or approval has occurred, the Department shall:
(a) remove the information from the website; or
(b) annotate the entry as incomplete or
				  void.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0200 - FEES PAID TO THE DIVISION › Section 07B .0208 - NOTICE TO FILER OF DISHONORED PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of notice of dishonor of a tendered payment,
					 the Department shall notify a filer orally or in writing that:
(1) the payment the filer tendered has been
				  dishonored; and
(2) the filing
				  shall:
(a) not be processed or deemed
				  completed until the filer has tendered in full the payment and the fee in Rule
				  .0205 of this Section; and
(b) be
				  voided if payment and fees are not tendered in full within 15 calendar days of
				  the date the Department orally or in writing notifies the filer of the
				  dishonor.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0301 - FORM USE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
In submitting a filing, a filer shall:
(1) use a form in Section .0400 of this
				  Subchapter; or
(2) if there is not
				  a form for the filer's purpose in Section .0400 of this Subchapter, provide in
				  writing the information required by G.S. Chapter 10B or the rules in this
				  Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0302 - MODE OF FILING

Current through Register Vol. 39, No. 2, July 15, 2024
Filers shall submit filings electronically by means
					 established by the Department unless paper filing is permitted pursuant
					 to:
(1) Chapter 10B of the General
				  Statutes; or
(2) Rule .0303 of this
				  Section.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0303 - PAPER FILINGS PERMITTED

Current through Register Vol. 39, No. 2, July 15, 2024
Paper filings shall be permitted:
(1) where the Department has not established
				  electronic means for submittal of a filing; or
(2) in the case of a traditional notary
				  public:
(a) initial applications;
(b) recommissioning applications;
				  and
(c) affidavits, criminal
				  records, and other documents required to be submitted with applications by
				  notary, electronic notary, or notary instructor applicants pursuant to Chapter
				  10B of the General Statutes or the rules in this Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0304 - INAPPLICABLE QUESTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If a question or item is not applicable to a filer, the
					 filer shall not leave the question or item blank but shall respond "not
					 applicable" or "N/A."
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0305 - RESPONSE TO QUESTIONS AND REQUESTS FOR INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
A filer shall respond to departmental requests for
					 information within the time and in the manner specified based upon the
					 Department's consideration of:
(1)
				  the nature of the information requested;
(2) the urgency of the Department's need for the information;
				  and
(3) the ease of production by
				  the recipient of the request.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0306 - ATTACHMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
If a form does not include enough space to provide a
					 complete and accurate response to a question or request for information from
					 the Department, a filer shall include an attachment with the form.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0307 - NOTICE OF ATTACHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A filer shall:
(1)
				  make a note at the location of a question or request for information that an
				  attachment has been added in order to fully respond. Note: An example is "See
				  Attachment 1"; and
(2) identify on
				  the attachment to which question or request for information the additional
				  information relates.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0308 - SIGNATURE FOR ENTITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a person
				  is signing a form or other document for a technology provider or other business
				  entity:
(1) the signer shall be duly
				  authorized by law or the entity to sign; and
(2) the signer shall state the signer's title, position, and
				  authorization to sign.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0309 - FORM PREPARER SIGNATURE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
A form preparer signing for a technology provider or other
					 business entity shall:
(1) sign in the
				  space provided for a preparer's signature on a form; or
(2) document and note "form preparer" next
				  to the signature in the space provided for a preparer's signature on a
				  form.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0310 - INCOMPLETE FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall consider a filing incomplete
					 for:
(1) failure to provide
				  information required pursuant to Chapter 10B of the General Statutes or the
				  rules in this Chapter;
(2) lack of
				  a signature required by Chapter 10B of the General Statutes or the rules in
				  this Chapter; or
(3) lack of a
				  notarial act where required by Chapter 10B or the rules in this
				  Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0311 - REJECTION OF INCOMPLETE FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall reject a filing if it is incomplete
					 and not remedied by the filer within the time specified by the
					 Department.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0300 - INITIAL APPOINTMENT › Section 07B .0312 - FILING DATE OF DOCUMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A form or document is deemed filed on the day that it is
					 deemed complete and shall not relate back to the date the filing was
					 received.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0401 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
All forms issued pursuant to Chapter 10B of the General
					 Statutes may be found on the Department's website or, where not available
					 through the website, may be obtained by contacting the Department using one of
					 the means set out in Section .0100 of this Subchapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0402 - CONTACT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of the rules in this Section, unless otherwise
					 indicated, "contact information" means:
(1) for an individual who is identified pursuant to
				  G.S.
				  10B-134.19(c)(2):
(a) the full name of the
				  individual;
(b) the following
				  addresses:
(i) residential address;
(ii) business address;
(iii) mailing address;
(c) business telephone numbers;
(d) business email addresses;
(e) any other names by which the individual
				  is known, including nicknames;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0403 - CERTIFICATE OF APPOINTMENT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The certificate of appointment form includes:
(1) space for the entry by the Register of
				  Deeds in the county of the commission to enter:
(a) the name of the individual administering the oath;
(b) the title of the individual
				  administering the oath;
(c) the
				  name of the appointee who appeared before the individual and took the oath;
				  and
(d) the signature of the
				  individual who administers the oath; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0404 - ELECTRONIC NOTARY PUBLIC REGISTRATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
An electronic notary public applicant registration form
					 includes:
(1) the name on the
				  applicant's commission;
(2) the
				  applicant's commission number;
(3)
				  whether the applicant has any changes to report under
				  G.S.
				  10B-50,
				  G.S.
				  10B-51,
				  G.S.
				  10B-52,
				  G.S.
				  10B-53,
				  G.S.
				  10B-54, 07F .0403, 07F .1106, 07F .1109, or
				  07F .1110;
(4) for reapplications,
				  a statement with regard to technology providers that:
(a) the notary will continue to use:
(i) the electronic notarization system of the technology provider
				  for which the notary has previously provided notice; and
(ii) the custodian for the electronic
				  journal for which the notary has previously provided
				  notice;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0405 - FORM NOTIFYING DEPARTMENT OF SELECTION OF TECHNOLOGY PROVIDERS BY ELECTRONIC NOTARIES

Current through Register Vol. 39, No. 2, July 15, 2024
The form notifying the Department of the selection of
					 technology providers by an electronic notary public includes:
(1) the name on the notary's
				  commission;
(2) the notary's
				  commission number;
(3) the name of
				  the technology providers selected by the notary to provide:
(a) electronic signatures;
(b) electronic seals; and
(c) electronic journals;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0406 - NOTICE TO DEPARTMENT OF CHANGE BY ELECTRONIC NOTARY IN TECHNOLOGY PROVIDER

Current through Register Vol. 39, No. 2, July 15, 2024
The notice to the Department of change by an electronic
					 notary in technology provider form includes:
(1) the name of the technology provider that the electronic notary
				  previously notified the Department the notary would use;
(2) the type of service the technology
				  provider previously provided to the notary;
(3) the date on which the notary stopped or will stop using the
				  technology provider to perform electronic notarizations;
(4) the name of the technology provider that
				  the notary will now use;
(5) the
				  date on which the notary anticipates beginning to use the new technology
				  provider;
(6) the signature of the
				  notary; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0407 - INITIAL APPLICATION FOR NOTARY COMMISSION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The initial application for notary commission form
					 requires:
(1) the information required
				  by G.S.
				  10B-5,
				  10B-6, and
				  10B-7;
(2) from the commission applicant:
(a) whether the applicant is a licensed
				  member of the North Carolina State Bar;
(b) a residential phone number, which may be
				  a cell phone number;
(c) the North
				  Carolina notary commission number, if one was issued, and more than 12 months
				  have elapsed since expiration;
(d)
				  occupation;
(e) applicant's
				  employer or status as:
(i)
				  self-employed;
(ii)
				  unemployed;
(iii) retired;
				  or
(iv) a student;
(f) North Carolina county where
				  employed;
(g) with regard to the
				  notary course attended:
(i) the name of the
				  eligible institution that offered the course;
(ii) the number of course hours;
(iii) the printed or typed name of the course
				  instructor; and
(iv) the date the
				  course was successfully completed;
(h) a description of included attachments, if
				  any; and
(i) the declaration
				  required by
				  G.S.
				  10B-12; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0408 - AFFIDAVIT OF MORAL CHARACTER

Current through Register Vol. 39, No. 2, July 15, 2024
The affidavit of moral character form requires:
(1) the applicant's name for use on a notary
				  public commission, if available, or the full legal name of the individual about
				  whom the affidavit is prepared;
(2)
				  information about the character witness:
(a)
				  the affiant's name, contact information, and occupation;
(b) how the affiant knows the
				  individual;
(c) how long the
				  affiant has known the individual;
(d) how the affiant has had the opportunity
				  to form an opinion of the individual's character; and
(e) whether the affiant is aware of criminal
				  charges against, or criminal convictions of, the individual;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0409 - APPLICATION FOR RECOMMISSIONING AS NOTARY PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
The form for application for recommissioning as a notary
					 public before expiration of a commission or within 12 months of commission
					 expiration requires:
(1) information
				  regarding the applicant's current or, if expired, the most recent commission,
				  including the commission number;
(2) an imprint or stamp from the applicant's
				  current seal, or most recently expired seal, if the applicant currently
				  possesses a seal;
(3) information
				  required pursuant to
				  G.S.
				  10B-11;
(4) the instructor's signature, if the
				  applicant takes the notary course as part of the recommissioning
				  process;
(5) information required
				  pursuant to Rule .0407 of this Section that is not otherwise included in Items
				  (1)-(3) of this Rule; and
(6) the
				  declaration under penalty of perjury that is required by
				  G.S.
				  10B-12.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0410 - NOTICE OF CHANGES REQUIRED BY 18 NCAC 07D .0301

Current through Register Vol. 39, No. 2, July 15, 2024
The form for notice of change in the information required
					 by 18
					 NCAC 07D .0301 shall include:
(1) the notary public's commission name and
				  county of commission;
(2) the
				  notary's commission number;
(3)
				  contact information for the notary;
(4) last four digits of the notary's
				  SSN;
(5) for each change:
(a) which item of information regarding the
				  notary has changed;
(b) the
				  information as it existed before the change; and
(c) the information after the change;
				  and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0411 - NOTICE OF CHANGES REGARDING CRIMINAL HISTORY RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
The form for notice of changes in criminal history record
					 requires:
(1) the name of the
				  individual;
(2) if a commissioned
				  notary public the notary's commission number;
(3) the last four digits of the individual's
				  SSN;
(4) contact information for
				  the individual;
(5) for a
				  previously unreported criminal charge:
(a) the
				  date of the charge;
(b) the court
				  in which the charge is filed;
(c)
				  whether the charge is for a felony or misdemeanor;
(d) the name of the charge;
(e) whether the charge has been set for a
				  hearing or trial and, if yes, the scheduled date; and
(f) the case number;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0412 - NOTICE OF CHANGES REGARDING PROFESSIONAL LICENSES, NOTARY COMMISSIONS, OR PUBLIC OFFICES

Current through Register Vol. 39, No. 2, July 15, 2024
The form for notice of changes regarding professional
					 licenses, notary commissions, or public offices requires:
(1) the name of the individual;
(2) if a commissioned notary public, the
				  notary's commission number;
(3) the
				  last four digits of the individual's SSN;
(4) contact information for the
				  individual;
(5) for a change in any
				  information required by
				  G.S.
				  10B-7(10), the information
				  required by Section .0700 of this Subchapter; and
(6) the printed name and signature of the
				  individual and the date signed.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0413 - NOTICE OF CHANGES REGARDING FINDINGS OR ADMISSIONS OF DECEIT, OFFICIAL MISCONDUCT, FALSE OR MISLEADING ADVERTISING, OR UNAUTHORIZED PRACTICE OF LAW

Current through Register Vol. 39, No. 2, July 15, 2024
The form for notice of changes regarding findings or
					 admissions of deceit, official misconduct, false or misleading advertising, or
					 unauthorized practice of law requires:
(1) the notary public's commission name and
				  county of commission;
(2) the
				  notary's commission number;
(3)
				  last four digits of the notary's SSN;
(4) contact information for the
				  notary;
(5) the information
				  required pursuant to:
(a)
											18 NCAC
				  07C .0207 for a finding or admission of
				  liability against the notary pursuant to
				  G.S.
				  10B-5(d)(3);
(b)
											18 NCAC
				  07C .0208 for a finding of official
				  misconduct by the notary;
(c)
											18 NCAC
				  07C .0209 for a finding of unauthorized
				  practice of law by the notary; and
(d)
											18 NCAC
				  07C .0210 for a finding or charge of false or
				  misleading advertising by the notary; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0414 - APPLICATION FOR CERTIFICATION AS NOTARY INSTRUCTOR

Current through Register Vol. 39, No. 2, July 15, 2024
The application for certification as a notary instructor
					 form requires:
(1) the information
				  required by Rule .0407(1) - (2)(i) of this Section;
(2) whether the applicant is currently
				  employed as:
(a) a register of deeds or clerk
				  of court; or
(b) an employee of the
				  Department and is authorized by the Secretary to serve as an
				  instructor;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0415 - RECOMMENDATION OF NOTARY INSTRUCTOR APPLICANT

Current through Register Vol. 39, No. 2, July 15, 2024
The recommendation of notary instructor applicant form
					 requires:
(1) the instructor
				  applicant's commission name;
(2)
				  the name and contact information for the individual completing the
				  form;
(3) the individual's basis
				  for recommending the applicant, including:
(a)
				  a declaration that the individual is not a family member of the
				  applicant;
(b) how the individual
				  knows the applicant; and
(c)
				  whether and how the individual has knowledge of the applicant's teaching
				  skills;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0416 - EMPLOYER AFFIDAVIT REGARDING INSTRUCTOR APPLICANT ACTIVE EXPERIENCE FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The form for the employer affidavit regarding active
					 experience requires:
(1) the name of
				  the person employing the applicant;
(2) information about the affiant, consisting
				  of the following:
(a) the full printed name of
				  the affiant;
(b) the affiant's
				  title and position with the employer;
(c) the address and telephone number of the
				  employer; and
(d) the email address
				  of the affiant;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0417 - STUDENT EVALUATION OF NOTARY INSTRUCTOR FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The student evaluation of notary instructor form requests
					 the following information from a student:
(1) the name of the instructor;
(2) the date of the course;
(3) the name of the institution;
(4) rating of the instructor's:
(a) professionalism;
(b) subject matter knowledge;
(c) use of audio-visuals, handouts, and other
				  materials; and
(d) responsiveness
				  to questions from students;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0400 - FORMS › Section 07B .0418 - APPLICATION FOR RECERTIFICATION AS NOTARY INSTRUCTOR

Current through Register Vol. 39, No. 2, July 15, 2024
The notary instructor application for recertification form
					 requires:
(1) the information
				  specified in Rule .0414 of this Section;
(2) verification that the applicant has
				  taught the notary instructor course at least twice a year during the current
				  two-year certification period;
(3)
				  the date of initial certification as an instructor;
(4) whether certification has been
				  continuous;
(5) a declaration under
				  penalty of perjury that:
(a) the information
				  provided is true and complete;
(b)
				  the applicant remains qualified to be commissioned as a notary public;
				  and
(c) the applicant:
(i) understands the official duties and
				  responsibilities of a notary public and notary public instructor in North
				  Carolina; and
(ii) will perform to
				  the best of the applicant's ability all responsibilities of teaching the notary
				  courses in accordance with the law.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0501 - CRIMES

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of applications and discipline under Chapter
					 10B of the General Statutes and the rules in this Chapter, each of the
					 following offenses shall be classified as a crime involving "moral turpitude"
					 as defined in
					 G.S.
					 10B-3(9) or a "crime
					 involving dishonesty" as defined in Rule .0102(8) of this Subchapter:
(1) arson;
(2) assault;
(3) battery;
(4) burglary;
(5) carrying a concealed weapon without a
				  permit;
(6) child
				  molestation;
(7) child
				  pornography;
(8) discharge of a
				  firearm in a public place or into a dwelling;
(9) domestic violence;
(10) driving while impaired;
(11) embezzlement;
(12) failure to comply with a court
				  order;
(13) failure to pay child
				  support;
(14) failure to return to
				  confinement;
(15) false financial
				  statement;
(16) forgery;
(17) fraud;
(18) hit and run;
(19) identity theft;
(20) impersonation of a law enforcement
				  officer;
(21) kidnapping;
(22) practicing law without a
				  license;
(23)
				  prostitution;
(24) rape;
(25) receipt of stolen goods or
				  property;
(26) resist, delay or
				  obstruct a public officer in discharging or attempting to discharge an official
				  duty;
(27) robbery;
(28) tax evasion;
(29) terrorist threat or act;
(30) unlawful possession or sale of drug;
				  and
(31) worthless check.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0502 - ADDITIONAL REQUIREMENTS FOR AN INDIVIDUAL LISTING CONVICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
An individual required to provide a criminal history record
					 pursuant to Chapter 10B of the General Statutes and the rules in this Chapter
					 shall include:
(1) a complete listing
				  of felony convictions of the individual and the name under which each
				  conviction was entered;
(2) a
				  complete listing of misdemeanor convictions of the individual and the name
				  under which each conviction was entered;
(3) if the individual's criminal history
				  record includes a conviction in North Carolina, a copy of the individual's
				  criminal history record prepared by the North Carolina State Bureau of
				  Investigation;
(4) if the
				  individual has a criminal conviction in a jurisdiction other than North
				  Carolina, a copy of the individual's criminal history record from a criminal
				  history record registry or repository of record reflecting the conviction;
				  and
(5) the signed explanation
				  required by Rule .0503 of this Section.
Note: A "registry or repository of record" is the official
					 governmental state, federal, national, or tribal archive or center for
					 collection of criminal history information.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0503 - EXPLANATION OF CONVICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
An individual who submits a criminal history record shall
					 include an explanation for each criminal conviction with:
(1) the individual's signature and the date
				  on which the individual signed the explanation;
(2) for each felony conviction:
(a) the date of the conviction and the court
				  where the conviction was entered;
(b) the name of the court and the case
				  number;
(c) the charge upon which
				  the conviction was entered;
(d) a
				  description of the circumstances surrounding the commission of the
				  crime;
(e) the sentence
				  imposed;
(f) a copy of the document
				  showing the date of release from probation, parole, incarceration, or
				  completion of the terms of the individual's sentence for each conviction;
				  and
(g) a copy of any document
				  restoring the individual's citizenship rights; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0504 - ADDITIONAL DOCUMENTATION FOR CONVICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For an individual listing a criminal conviction, an
					 affidavit of moral character shall be:
(1) completed by three individuals, none of
				  whom is a family member, using the form specified in Rule .0408 of this
				  Subchapter; and
(2) submitted to
				  the Department by the individual listing a criminal conviction or the
				  individuals completing the affidavits.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0505 - REQUIREMENTS FOR INDIVIDUAL WITH PENDING CRIMINAL CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
An individual required to provide a criminal history record
					 who has a pending criminal charge in a court shall, for each pending criminal
					 charge:
(1) notify the Department:
(a) at the time of application to the
				  Department; or
(b) within 45 days
				  if a charge is brought after the application has been filed; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0500 - COMMISSIONS › Section 07B .0506 - NOTICE TO DEPARTMENT OF DISPOSITION OF PENDING CHARGE

Current through Register Vol. 39, No. 2, July 15, 2024
An individual required to provide the Department with
					 information regarding a pending charge pursuant to Rule .0505 of this Section
					 shall:
(1) notify the Department
				  within 45 calendar days of the final disposition of the charge;
(2) provide the information specified in the
				  form in Rule .0411 of this Subchapter;
(3) provide a copy of the document reflecting
				  the final disposition of the charge; and
(4) if convicted, comply with Rules .0503 and
				  .0504 of this Section.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0601 - FACTORS FOR DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When determining whether and what disciplinary action to
					 take, the Department shall consider:
(1) the qualifications of the
				  person;
(2) the nature, number,
				  timing, and severity of any acts, offenses, official misconduct, or crimes
				  under consideration;
(3) evidence
				  pertaining to the honesty, credibility, truthfulness, and integrity of the
				  person;
(4) actual or potential
				  harm;
(5) the history of complaints
				  against the person received by the Department;
(6) the record of prior disciplinary actions
				  against the person;
(7) evidence in
				  mitigation;
(8) evidence in
				  aggravation;
(9) occupational,
				  vocational, or professional license disciplinary record;
(10) evidence of rehabilitation;
(11) criminal history record;
(12) information and reports received from
				  other law enforcement agencies;
(13) willfulness;
(14) negligence;
(15) the response of the person to any
				  alleged violations; and
(16)
				  whether the person self-reported a matter affecting qualification or the
				  performance of an activity pursuant to authorization.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0602 - DENIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall deny an application in which an applicant willfully and
				  knowingly provided false information about:
(1) a criminal history record; or
(2) a record of official findings of
				  liability related to the applicant's deceit, dishonesty, or intentional
				  disclosure of confidential information to a person not legally entitled to the
				  information.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0603 - LEVELS OF ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Upon consideration of the evidence before it, the purposes
					 and requirements of Chapter 10B of the General Statutes, and the rules in this
					 Chapter, the Department may:
(1) upon
				  a finding of a violation of Chapter 10B of the General Statutes or the rules in
				  this Chapter:
(a) issue a letter of caution to
				  a person along with:
(i) a request for
				  compliance; and
(ii) a statement
				  that future noncompliance may lead to disciplinary action by the
				  Department;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0604 - LETTER OF CAUTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Department may issue a letter of caution to a person
					 for a violation of the requirements of Chapter 10B of the General Statutes or
					 the rules in this Chapter in circumstances that do not merit disciplinary
					 action.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0605 - WARNING

Current through Register Vol. 39, No. 2, July 15, 2024
The Department may issue a warning to a person for a
					 violation of Chapter 10B of the General Statutes or the rules in this
					 Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0606 - SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
After consideration of the factors in Rule .0601 of this
					 Section, the Department may issue a suspension to a person who:
(1) violates a requirement of Chapter 10B of
				  the General Statutes or the rules in this Chapter; or
(2) has a criminal conviction.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0607 - RESTRICTION

Current through Register Vol. 39, No. 2, July 15, 2024
Upon a finding that the person has acted without being
					 authorized by the Department, the Department may issue an administrative action
					 to restrict that person from applying for authorization or from becoming
					 authorized to:
(1) perform a notarial
				  act;
(2) teach a notarial
				  course;
(3) offer an electronic
				  notarization system to an electronic notary public; or
(4) act as a depository.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0600 - REJECTIONS, DENIALS, DISCIPLINE, AND ENFORCEMENT › Section 07B .0608 - MANDATORY REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall revoke an authorization of:
(1) a person who is convicted of a crime
				  related to performance of an act pursuant to, or in relation to, an
				  authorization issued by the Department;
(2) a notary public who notarizes the
				  notary's own signature;
(3) a
				  notary who performs a notarial act and either:
(a) fails to require the personal appearance
				  of the principal; or
(b) performs a
				  remote electronic notarial act without requiring the appearance of a principal
				  by an authorized communication technology; or
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0700 - PROFESSIONAL LICENSES, CIVIL AND CRIMINAL HISTORY › Section 07B .0701 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Other
				  Professional Licenses. An applicant shall list on his or her application all
				  suspensions, revocations and other disciplinary actions taken against the
				  applicant regarding the applicant's current or former professional
				  licenses.
(b) Criminal Record. An
				  applicant shall list on his or her application all misdemeanor and felony
				  convictions related to crimes of dishonesty and moral turpitude. For purposes
				  of this Chapter, those crimes include:
(1)
				  Arson;
(2) Assault;
(3) Battery;
(4) Burglary;
(5) Carrying a concealed weapon without a
				  permit;
(6) Child
				  molestation;
(7) Child
				  pornography;
(8) Discharge of a
				  firearm in a public place or into a dwelling;
(9) Domestic violence;
(10) Driving under the influence;
(11) Unlawful possession or sale of
				  drugs;
(12) Embezzlement;
(13) Failure to comply with a court
				  order;
(14) Failure to pay child
				  support;
(15) Failure to return to
				  confinement;
(16) False financial
				  statements;
(17) Forgery;
(18) Fraud;
(19) Identity theft;
(20) Impersonation of a law enforcement
				  officer;
(21) Hit and
				  run;
(22) Kidnapping;
(23) Prostitutions;
(24) Multiple worthless checks showing a
				  pattern of behavior indicating moral turpitude and dishonesty;
(25) A worthless check in excess of five
				  hundred dollars ($500.00);
(26)
				  Possession of an unregistered firearm;
(27) Practicing law without a
				  license;
(28) Rape;
(29) Receipt of stolen goods or
				  property;
(30) Resisting
				  arrest;
(31) Robbery;
(32) Statutory rape;
(33) Tax evasion;
(34) Terrorist threats or acts;
(35) Theft;
(36) Threats to commit a crime or cause
				  bodily injury;
(37) Spousal
				  abuse.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0700 - PROFESSIONAL LICENSES, CIVIL AND CRIMINAL HISTORY › Section 07B .0701 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for a notary commission shall include with the
					 application a list of all professional licenses, public offices, and notary
					 commissions as required by
					 G.S.
					 10B-7(10), together with the
					 information required by the rules in this Section.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter B - GENERAL REQUIREMENTS › Section .0700 - PROFESSIONAL LICENSES, CIVIL AND CRIMINAL HISTORY › Section 07B .0702 - INSTRUCTOR CERTIFICATION - GENERAL (TRANSFERRED TO 18 NCAC 07E .0105 EFF. JUNE 1, 2023)

Current through Register Vol. 39, No. 2, July 15, 2024