| (a) The secretary of state may determine that the allegations
in the complaint are not sufficient to warrant formal disciplinary
action. In such case, the secretary of state may:
(1) take no action on the complaint;
(2) informally advise the notary public of the appropriate
conduct and the applicable statutes and rules governing the conduct;
or
(3) request further information from the complainant
or the notary public prior to taking action.
(b) If the secretary of state determines that the complaint
alleges sufficient facts to constitute good cause for disciplinary
action against the notary public, and the complaint complies with §87.32
of this title (relating to Submitting a Complaint), the secretary
of state shall send a copy of the complaint, with any attachments
the secretary of state deems to be relevant, to the notary public
with a request to the notary to respond to the statements in the complaint.
(c) The notary public must respond to the complaint
in writing. The response must:
(1) specify any disputed facts and provide such additional
information as the notary public shall desire;
(2) be signed and sworn to by the notary public before
a person authorized to administer oaths;
(3) include copies of the pages of the notary record
book referencing the notarization that is the subject of the complaint;
and
(4) be received by the secretary of state within 21
days of the date of the secretary of state's notice of the complaint
to the notary public.
(d) The secretary of state shall review the response
and determine whether further administrative action is appropriate.
If the secretary determines that no further action is appropriate,
the secretary shall notify the notary public and the complainant of
the determination in writing.
(e) If the secretary determines that further administrative
action is appropriate, the secretary shall follow the procedures set
forth in this §87.34 of this title (relating to Disciplinary
Action).
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