Posted by Marian_in_CA on 3/8/12 7:09pm
Msg #414384

Proposed Disciplinary Changes for CA Notaries... backgrounds

We are in the comment window, and the SOS has posted the information to their website:

http://www.sos.ca.gov/admin/regulations/proposed/business/notary/

From what I've read of it, they are tightening up the background checks and their ability to deny or suspend commissions based on current or pending legal matters. So, in other words, if a notary's commission is up for renewal and they have an outstanding warrant or legal matter, the SOS wants to postpone issuing the new commission, deny it or outright revoke a current one. It used to be that one could slip by if they had no convictions... but now they want to look at pending things, too, as well as do a wants/warrants check. So if somebody has any pending criminal legal issues... they're going to be denied.

I can think of one particular notary in northern California who would have been denied her commission had these rules been in place... she had several protective orders pending that had not yet been settled when she got her commission. This would have stopped that cold. It would also give the SOS to go back and revoke/suspend her commission if they wanted to.

They're also cracking down on "omissions" from applications for just about everything.

SO, it looks like, really, what they're doing is expanding the background checks big time... which is weird, I mean, they already filter us through the FBI! What they're trying to focus on are those who have active issues in the courts and are slipping through the application process before a conviction.


They are also opening the doors to publicizing those who are disciplined... basically, the SOS wants to be able to publish it anyway they see fit, via website or press release, etc... rather than just in a newsletter.

I also noticed that they are going to make it a misdemeanor if you not not turn over your journals to the county clerk within 30 days of termination of your commission. Though I can't tell if that applies only to revocations and suspensions or all.


These are just PROPOSED changes... so, I'd suggest you read up on them and if you have comments, get them in before April 6th. There are several PDF files there to read through... I've only done a quick look at it, so these are just my initial impressions/observations. I may be wrong on some of them.

Reply by Linda_H/FL on 3/8/12 7:24pm
Msg #414388

I'm sure there are quite a few who would be in

jeopardy if these efforts are enacted AND enforced. And rightly so, especially in that one particular case you mentioned. There's safety factors, also, that need to be considered when allowing someone to deal with the public and go into peoples' homes...

JMHO

Reply by Linda_H/FL on 3/8/12 7:28pm
Msg #414389

Should have added here...I think stringent rules

and checks should be in place in all states...IMO FL is very lax and I think things could and should be tightened up...

Reply by Saul Leibowitz on 3/8/12 8:44pm
Msg #414391

Another reason

In Wisconsin you cannot renew insurance licenses, other types of licenses if you owe the State money or have open judgments for support, etc., if I recall correctly. I think one of our Wisconsin colleagues can update. I know I am right as to insurance licenses, unsure about new rules for commissions.
This does let them get better collections.

Reply by Stephanie Santiago on 3/9/12 10:53am
Msg #414424

As it should be.... n/m

Reply by rengel/CA on 3/9/12 1:25pm
Msg #414452

Devil's Advocate here....

I'm all for the tightening of the rules and laws but.....

This State keeps enacting more and more laws and punishments without putting into place any FUNDING for them.

How many notary laws do we have in place right now that we all know are being broken without anyone doing anything about it due to lack of funding.

I fear this will just be another case of tighter laws without the money to enforce.

My .02

Reply by Bear900/CA on 3/10/12 12:51am
Msg #414485

Some of the guidelines go back as far as 2001. A lot of what was changed was wording or grammar and sometimes gave the SOS an open window to review and discipline at any time past the application process. Some wording was changed or omitted that actually benefits the Notary.

In CA a Notary is not a licensed person with requirements based solely on a clean application process. It is a public office granted by the SOS and carries with it the basic tenets of “honesty, credibility, truthfulness and integrity to fulfill the responsibilities of the position”. Wouldn’t it be great if all in public office were required to abide by these?

“The disciplinary guidelines address only the SOS review of applications, investigations and administrative actions and are not a comprehensive overview of the criminal and civil offenses of statute which may subject a Notary Public to additional civil penalties or to criminal prosecution for violations of applicable law.”

The latter should be of greater concern as a bond will not always cover these. California law establishes a number of offenses regarding notaries and the cost of prosecuting is the same as any criminal case. The economic Impact study for this latest round shows no additional costs are required. Well, except for those imposed on the Notary.

It might interest you that there are much more stringent requirements, background checks, etc. through the NMLS for loan originators nationwide if not working for depository banks. As notaries we have it fairly easy.

Public disciplinary action is something the state of CA routinely does. You may wish to check out the DRE website. http://www.dre.ca.gov/cons_DandR.html#licensing

Best!