NAC240.250. Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing.

     1. A person may file a complaint in writing with the Secretary of State alleging that a notary public has violated one or more of the provisions of chapter 240 of NRS. The complaint must include:

     (a) The name of the notary public;

     (b) If known, the name of the county in which the notary public resides;

     (c) If known and if assigned, the number on the certificate of appointment of the notary public;

     (d) An explanation of the reason for the complaint and, if known, the citation of each statutory provision which the notary public is alleged to have violated;

     (e) A copy of each document which is related to the matter; and

     (f) Such other information as the person considers relevant to the matter.

     2. The complaint may be filed in person, by facsimile machine or by mail.

     3. Within 15 days, excluding Saturdays, Sundays and legal holidays, after receiving a complaint, the Secretary of State will notify in writing the notary public who is the subject of the complaint. In the notice, the Secretary of State will include a copy of the complaint. The notice must be sent by certified mail and must contain:

     (a) A statement of the statutory provision which the notary public is alleged to have violated;

     (b) An explanation of the possible disciplinary actions that may be taken against the notary public;

     (c) Instructions for the notary public to respond to the complaint by mail or by facsimile machine; and

     (d) A statement that the notary public must respond to the complaint within 10 days after receiving the notice.

     4. If, after receiving the response from the notary public, the Secretary of State determines that a hearing is not warranted, he or she will provide notification of his or her determination and the reasons therefor to the notary public and the person who filed the complaint.

     (Added to NAC by Sec’y of State, eff. 11-3-95)