8 Colo. Code Regs. § 1505-11-3

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-11-3 - [Effective 1/1/2025] Notary Trainer Requirements

3.1 Trainer Application

3.1.1 A course provider applicant must:

(a) Submit an application that includes:

(1) Procedures to establish the identity of a person attending a live course and ensure that the person is present for the required time;

(2) Procedures to ensure that the person receiving the certificate of completion is the same person who completed the course;

(3) Copies of any course handout materials, workbooks, and tests; and

(4) A draft copy of the certificate of successful completion as required by Rule 3.3.

(b) Attend in-person or online training provided by the Secretary of State.

3.1.2 A vendor applicant must submit an application that includes:

(a) Procedures to establish the identity of a person attending a live course and ensure that the person is present for the required time;

(b) Procedures to ensure that the person receiving the certificate of completion is the same person who completed the course;

(c) Copies of any course handout materials, workbooks and tests;

(d) A draft copy of the certificate of successful completion as required by Rule 3.3;

(e) A detailed curriculum; and

(f) The required application fee.

3.1.3 Deficient application. The Secretary of State will notify an applicant of any application or curriculum deficiencies. If the applicant fails to cure the deficiency within 30 days after the mailing date of the notice, the Secretary will consider the application rejected. A rejected applicant may request a hearing in accordance with the State Administrative Procedure Act (Article 4 of Title 24, C.R.S.) and 8 CCR 1505-3, Rule 3.

3.2 Vendor-specific requirements

3.2.1 The Secretary of State must approve a vendor's proposed curriculum before a vendor may offer a notary training course. Curriculum must be based on:

(a) The Colorado Revised Uniform Law on Notarial Acts including but not limited to: the physical presence requirement, duty not to notarize a blank document, duty to use a notarial certificate, disqualifying interest, application procedures, resignation requirements, duty to maintain a journal of notarial acts, revocation proceedings, liability, identification of signers, role of the notary, and official misconduct; and

(b) Widely accepted best practices, including but not limited to the role of the notary and notarizations for the elderly.

3.2.2 Seal of Accreditation

(a) The Secretary of State will provide a seal of accreditation to a vendor applicant within 60 days after receipt of a subsequently approved application.

(b) A vendor must prominently display the seal of accreditation on all vendor materials provided to a course attendee.

(c) A seal of accreditation expires four years after issuance. To renew accreditation, a vendor must submit for reapproval a detailed curriculum; copies of any course handout materials, workbooks, and tests; and the required form and fee.

(d) A vendor may not assign or transfer a seal of accreditation to another vendor or curriculum without the Secretary of State's approval.

(e) The seal of accreditation does not imply endorsement of a vendor's products or services or other courses.

3.2.3 Vendor's list of attendees. An approved vendor must maintain and, upon request, provide a list of attendees and the following information to the Secretary of State:

(a) The name of the instructor or instructors who taught the approved course of instruction;

(b) The date, time, and location of the approved course of instruction;

(c) Whether proof of completion was issued to each attendee;

(d) Each course attendee's full name and the type of current government-issued photo identification used to establish the course attendee's identity.

3.3 Certificate of completion. When a student successfully completes a course, the approved vendor or course provider must issue the graduate a certificate of successful completion.

3.3.1 Approved vendors and course providers must ensure that only a person who has completed an approved course of instruction receives a certificate of successful completion. Vendors and course providers may not issue a certificate of completion to an attendee who is absent during any substantive part of the course.

3.3.2 A certificate of successful completion of an approved course of instruction expires 90 days from the date of issuance.

3.3.3 The certificate of proof of successful completion of an approved course of instruction must contain:

(a) The name of the vendor or course provider who provided the course;

(b) The name of the person who completed the course;

(c) The date of completion of the course;

(d) The statement, "This certificate of proof of completion is valid for a period of 90 days from the date of issuance."; and

(e) For vendors, the seal of accreditation.

3.4 Notification of changes. Using their letterhead, approved vendors and course providers must notify the Secretary of State within 30 days of:

3.4.1 A change in physical address or email address.

3.4.2 Substantial changes to an approved curriculum and provide copies of the changes.

3.5 Duty to revise training. Approved vendors and course providers must revise approved courses of instruction as necessary to ensure that the courses accurately reflect current Colorado law. Approved vendors and course providers must submit notice of revised training and copies of the revisions to the Secretary of State for review and approval in a format that satisfies Rule 3.4, before offering the revised training to the public.

3.6 Enforcement

3.6.1 Duty to respond to the Secretary of State's written request. Vendors and course providers must respond in writing within 20 business days of receiving a written request from the Secretary of State for any information relating to a complaint or approved course of instruction. The Secretary of State will send a written request to the address or email address listed on the most current application.

3.6.2 Onsite inspections. Approved vendors and course providers must permit the Secretary of State or the Secretary's designee to attend any approved course of instruction without prior notice at no charge to observe, monitor, audit, and investigate.

3.6.3 Complaints. A person may file a complaint against an approved vendor or course provider with the Secretary of State alleging a violation of these rules. The person must submit a signed and dated complaint on the Secretary of State's standard form.

3.6.4 Grounds for termination of accreditation or approval. The Secretary of State may terminate an approved vendor's accreditation or approval of a course provider for any of the following reasons:

(a) Violation of any provision of these rules.

(b) Misrepresentation of a notary public's duties and authority under Colorado law.

(c) Deviation from the lesson plan for an approved course of instruction.

(d) Making representations that the Secretary of State endorses, recommends, or mandates use of any of the vendor's products, goods, or services.

(e) Failure to timely respond to the Secretary of State's request for communication or otherwise cooperate with an investigation.

3.6.5 Right to respond to and cure noncompliance and right to hearing before terminating, suspending, or imposing conditions on accreditation or approval.

(a) Except in cases of deliberate and willful violation or of substantial danger to the public health and safety, the Secretary of State will provide a vendor or course provider with written notice, an opportunity to respond in writing, and a reasonable opportunity to comply with all lawful requirements that may warrant agency proceedings to terminate, suspend, or impose conditions on an existing accreditation of a vendor or approval of a course provider before instituting such proceedings in accordance with the State Administrative Procedure Act (Article 4 of Title 24, C.R.S.) and 8 CCR 1505-3, Rule 3.

(b) Except in cases of deliberate and willful violation or that the public health, safety, or welfare imperatively require emergency action, the Secretary of State will not terminate, suspend, or impose conditions on an existing accreditation of a vendor or approval of a course provider until after holding a hearing in accordance with the State Administrative Procedure Act (Article 4 of Title 24, C.R.S.) and 8 CCR 1505-3, Rule 3.

(c) Termination does not bar the Secretary of State from beginning or continuing an investigation concerning the vendor or course provider.

8 CCR 1505-11-3

37 CR 21, November 10,2014, effective 11/30/2014

41 CR 11, June 10, 2018, effective 7/1/2018

44 CR 01, January 10, 2021, effective 1/30/2021

45 CR 04, February 25, 2022, effective 3/17/2022

45 CR 15, August 10, 2022, effective 7/1/2022

45 CR 18, September 25, 2022, effective 10/15/2022

47 CR 21, November 10, 2024, effective 1/1/2025