D.C. Mun. Regs. tit. 17, r. 17-2428

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-2428 - DENIAL OR REFUSAL TO RENEW, REVOKE, SUSPEND, OR IMPOSE A CONDITION ON A COMMISSION AS NOTARY PUBLIC OR ENDORSEMENT AS AN ELECTRONIC NOTARY

2428.1

(a) Notwithstanding Subsection 2400.8, ONCA may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public or an endorsement as an electronic notary for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, as set forth in Section 23 of the Act (D.C. Official Code § 1-1231.22). Any restriction, suspension, or revocation of a notary public's commission will automatically have the same effect on any electronic notary endorsement the notary public holds.

(b) If ONCA denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public or endorsement as an electronic notary, the applicant or notary public is entitled to timely notice and hearing before the Office of Administrative Hearings pursuant to Subsection 6(b-20) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03 (b-20)) and §2431.

(c) The authority of ONCA to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public shall not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

2428.2

A notary public may resign their notary public commission or electronic notary endorsement by notifying ONCA of this intent in writing, or by email to notary@dc.gov. In the case of an electronic notary endorsement, the electronic notary shall notify ONCA of this intent in writing or by email to notary@dc.gov and dispose of all or any part of a tamper-evident technology in the notary's control whose purpose was to perform electronic notarizations.

2428.3

A notary public may terminate the electronic notary endorsement but still maintain the notary public commission.

2428.4

A notary public whose commission is terminated or expired, either by the notary or ONCA, shall disable their official seal by destroying, defacing, damaging, or securing the device against use.

D.C. Mun. Regs. tit. 17, r. 17-2428

Final Rulemaking published at 70 DCR14646 (11/3/2023)