(5) Termination or limitation of approval. The department or the remote notary council may restrict, limit, suspend, or terminate any approval granted to a provider under this section if it concludes that:
(a) the provider has violated ch. 140, this chapter, or any other relevant state or federal statute or administrative rule; (b) the provider has made a false or misleading statement or omission of material fact to the department or the remote notary council;
(c) the provider has failed to live up to assurances or otherwise perform at the level indicated in its application materials or other representations made to the department or the remote notary council;
(d) the provider has been subject to administrative discipline or legal action in other jurisdictions;
(e) any fact or condition exists that, if the provider were required to re-apply under this section, would warrant the denial or restriction of approval; or
(f) any other fact or condition exists that undermines confidence in the ability of the provider to meet its duties and ensure compliance with ch. 140, Stats. (6) Avoidance of conflicts of interest. The remote notary council member appointed under s. 15.185 (8) (b) 4., Stats., may participate in deliberations but shall not vote on any matters described in this section. DFI-CCS 25.05. Notarial acts for remotely located individuals. (1) A notary public of this state may not perform notarial acts for remotely located individuals except by utilizing a communication technology provider that has been approved by the remote notary council in the manner set forth in this chapter.
(2) A notary public may not perform notarial acts for remotely located individuals using an approved provider until:
(a) the notary public becomes knowledgeable about the provider’s communication technology and processes for performing notarial acts for remotely located individuals, including completion of any training or instruction modules prepared by the provider; and
(b) the notary public is approved by the provider to use its communication technology to perform notarial acts for remotely located individuals.
(c) A provider shall promptly notify the department whenever it approves a notary public to use the provider’s communication technology to perform notarial acts for remotely located individuals.
DFI-CCS 25.06. Maximum fee for a notarial act for a remotely located individual. A notary public may charge no more than $25 to perform a notarial act for a remotely located individual.
DFI-CCS 25.07. Complaints, Suspensions, and Revocations. (1) A person may file a complaint against a notary public in a manner directed by the department. A complaint must include the complainant’s contact information and a complete statement of the basis for the complaint, including any relevant records.
(2) The department may, on its own initiative or in response to a complaint, make such investigation as it determines to be reasonable and necessary to determine whether a person has violated, is violating, or is about to violate any provision of ch. 140, Stats., or any administrative rules promulgated thereunder, including this chapter. The department may administer oaths and affirmations, issue subpoenas, take evidence, require the filing of statements (including responses to allegations), require testimony in oral or written form, and require the production of any records that the department considers relevant or material to the investigation. (3) The department may deny, refuse to renew, revoke, suspend or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the competence, reliability or integrity to act as a notary public, including:
(a) failing to comply with any provision of ch. 140, Stats., or this chapter; (b) committing an act of fraud, deceit, or of any other misconduct substantially relating to the character or public trust necessary to be a notary public;
(c) being convicted of any felony or other offense that would be admissible for purposes of impeaching the person’s character for truthfulness in a judicial proceeding governed by the federal rules of evidence or the rules of evidence of this state;
(d) using false or misleading advertising or otherwise engaging in any method, act or practice that is unfair or deceptive, including any untrue or misleading statement or omission of a material fact relating to a duty or responsibility of a notary public;
(e) making an untrue or misleading statement or omission of a material fact in any application or filing required by ch. 140, Stats.; or (f) failing to promptly and fully comply with any information or investigative request by the department.
SECTION 2. EFFECTIVE DATE. This rule shall take effect upon publication in the official state newspaper as provided in s. 227.24 (1) (c), Stats.
Department of Financial Institutions
Date: May 1, 2020 By: /s/ Matthew Lynch
Matthew Lynch
Chief Legal Counsel
