Section 17-2410. DENIAL OR REVOCATION OF COMMISSION

 

2410.1The Office of Notary Commissions and Authentications may refuse to issue a commission to an applicant or may remove a notary public from office upon determining that the action is necessary in view of the conditions and restrictions as provided in this chapter and by law, as well as upon written complaints received by the Secretary of the District of Columbia.

 

(a) Denials. A notary commission may be denied if there is probable cause to believe that an applicant fails to meet the qualifications of a notary or if the application was not submitted according to the code, regulation or policies set forth by ONCA. If the application incomplete, it will be returned and may be re-submitted.

 

(b) Revocations. A notary commission may be revoked if a notary fails to discharge fully and faithfully any of the duties or responsibilities required of a notary public, or otherwise commits misconduct that substantially relates to the duties or responsibilities of a notary public.

 

2410.2A notice, in writing, of a determination to deny or revoke a commission shall be given by ONCA to the person concerned.

 

2410.3The notice of determination shall explain the following:

 

(a)The nature of and grounds for the action;

 

(b)The right of the person concerned to be heard on the matter; and

 

(c)The finality of the decision to deny or revoke a commission unless the person concerned requests a hearing on the matter by filing a petition for review with the Office of Administrative Hearings.

 

2410.4Applicants denied a notary commission or removed from office may file a petition for review of the decision. The petition for review will be governed by the Office of Administrative Hearings Rules of Practice and Procedure as set forth in 1 DCMR Chapter 28. 

 

authority

Section 558 of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189, ch. 854, § 558; D.C. Official Code §§ 1-1201 et seq. (2012 Repl.)), as amended by An Act to authorize the Commissioners of the District of Columbia to appoint notaries public, approved December 16, 1944 (58 Stat. 810, ch. 597, § 1); Regulation No. 73-13, approved May 24, 1973 (19 DCR 1147 (June 11, 1973)); the Notaries Public Fees Increase Act of 1983, effective June 22, 1983 (D.C. Law 5-14; 30 DCR 2632 (June 3, 1983)); the Notaries Public Fee Act of 1983, effective March 8, 1984 (D.C. Law 5-52; 30 DCR 5931 (November 18, 1983)); the Notaries Public Authentications and License Fee Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242 (July 23, 2010)); Section 3(k) of Mayor’s Order 97-177, dated October 9, 1997; and Mayor’s Order 2016-031, dated March 1, 2016.

source

§§ 20.1 and 20.2 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR §§ 20.1 and 20.2; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016).