Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.3 - Complaints and Department Investigation

Current through June 14, 2024
A. Complaints. A
				 Complaint, as defined above, may be made by any identifiable person against a
				 Notary Public. Such Complaint shall be in writing and should preferably be on a
				 form provided by the Secretary of State's website (currently available at
http://www.sos.ri.gov/divisions/Notary-Public/notary-complaints
).
				 The Department shall make an initial determination whether the Complaint is
				 within the Department's jurisdiction and whether the complaint states
				 sufficient facts to establish Reasonable Cause, if assumed to be true, to
				 proceed with an investigation. If the Complainant does not have firsthand
				 knowledge of the facts stated in the Complaint, the Department may further
				 inquire as it deems appropriate.
B.
				 If no jurisdiction exists or the complaint does not state sufficient facts
				 establishing Reasonable Cause to proceed with an investigation, the Department
				 shall notify the Complainant in writing of its determination.
C. If jurisdiction exists and the Complaint
				 states sufficient facts establishing Reasonable Cause, the Department shall
				 make whatever investigation it deems necessary, including serving a copy of the
				 Complaint to the Respondent. Service of the Complaint to the respondent may be
				 sent through regular or certified mail, postage pre-paid, to the Respondent's
				 home address or place of business or through hand delivery. If instructed to do
				 so by the Department, the Respondent shall be requested to file a response to
				 the Complaint within the time frame specified by the Department, which shall
				 not be less than twenty (20) days from mailing.
D. Upon completion of its investigation, the
				 Department may take one of the following actions:
1. if the Department determines that the
				 Complaint fails to establish Reasonable Cause for a finding of a violation of
				 the Standards, the Department shall take no action on the Complaint, so
				 advising the Complainant and Respondent in writing; or,
2. if the Department determines that the
				 Complaint establishes Reasonable Cause, the Department shall take such action
				 as it deems appropriate under applicable law and the rules and regulations
				 adopted pursuant thereto, including the removal or suspension of the Notary
				 Public in accordance with R.I. Gen. Laws §
											42-30-10.
				 The Department will provide the following notice to the Respondent via regular
				 and certified mail, postage pre-paid, a notice of determination which shall
				 provide:
a. a statement of legal authority
				 and jurisdiction to proceed;
b. a
				 statement of the allegations and findings, including a copy of the
				 Complaint;
c. reference to
				 particular statutes, rules or Standards that appear to have been
				 violated;
d. a statement of the
				 sanctions to be imposed; and,
e. an
				 opportunity to request a hearing within twenty (20) days of the mailing of the
				 determination notice.