220 R.I. Code R. 220-RICR-50-05-2.3

Current through December 26, 2024
Section 220-RICR-50-05-2.3 - Complaints and Department Investigation
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.

220 R.I. Code R. 220-RICR-50-05-2.3