Ohio Administrative Code › Title 111:6 - Notary Commission › Chapter 111:6-1 - Notary Commission Requirements › Section 111:6-1-07 - Investigations and Discipline

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon receiving a
			 signed complaint, or if the secretary of state has a reasonable basis to
			 believe that a violation of Chapter 147 of the Ohio Revised Code has occurred,
			 then the secretary of state shall designate an authorized agent to investigate
			 the violation.
(B)
								After an investigation, the authorized agent shall
			 forward the agent's findings to the secretary of state, the person who filed
			 the complaint and the notary public named in the complaint (the "respondent").
			 If, upon reviewing the agent's findings, the secretary of state determines a
			 violation of Chapter 147 of the Ohio Revised Code may have, or may occur, and
			 wants to take action with respect to such possible violation, it shall send a
			 written notice of such determination to the person who filed the complaint and
			 the respondent. The respondent shall have fourteen (14) days to request a
			 hearing from the secretary of state. The request must be sent to the secretary
			 of state with a copy to the director of business services of the secretary of
			 state. The secretary of state shall schedule the hearing within fifteen (15)
			 days after receiving the request for a hearing and shall promptly notify the
			 respondent of such date. Once a hearing is scheduled, the secretary of state
			 shall appoint a hearing officer. The hearing officer must be admitted to the
			 practice of law in Ohio and be knowledgeable of Ohio notary laws. The hearing
			 date may be continued by the hearing officer, at the request of the secretary
			 of state or the request of the respondent. The hearing shall be conducted in
			 accordance with Chapter 119 of the Revised Code.
(C)
								Prior to the
			 hearing, the respondent shall have the opportunity to answer the complaint by
			 filing a written answer with the secretary of state. Any subpoenas for the
			 hearing shall be requested from the hearing officer for issuance by the
			 secretary of state. The hearing officer may receive evidence from the secretary
			 of state and the respondent. The respondent may be represented by counsel;
			 however, counsel is not required. A stenographic transcript of the oral
			 testimony at the hearing shall be made.
(D)
								Following the
			 hearing, the hearing officer shall issue a report and recommendation to the
			 secretary of state within fourteen (14) days after completion of the hearing. A
			 copy of this written report shall, at the time it is submitted to the secretary
			 of state, be forwarded by electronic means and certified mail to the respondent
			 or his or her counsel. If a violation of Chapter 147 of the Revised Code is
			 found, the hearing officer may recommend the following:
(1)
									no action be
			 taken;
(2)
									revoke the notary public's commission;
(3)
									suspend the
			 notary public's commission for a specified period of time or until fulfillment
			 of a condition, such as retraining, or both; or
(4)
									issue a letter of
			 admonition to the notary public that shall be placed in the notary public's
			 record.