**Set a maximum fee for performing a notarial act for a remotely located individual. Twenty-five dollars is the prevailing maximum fee among those states (like Wisconsin) that have enacted statutes distinguishing between the maximum fees for in-person and remote notarizations. Locally, Minnesota and Ohio each impose a $25 maximum fee.
**Codify certain processes for granting and restricting notary commissions, including the process for making complaints against a notary public, the department’s authority to investigate those complaints, and the grounds for restricting or revoking a notary commission. The rules would also clarify the types of prior offenses that are disqualifying when applying for a notary commission and authorize the department to use email as the primary means of providing notices to notaries and notary applicants.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The Department of Financial Institutions commissions and regulates notaries public of this state under Chapter 140, Stats. Section 140.27 authorizes the Department to promulgate administrative rules to implement Chapter 140, including rules establishing maximum fees for performing notarial acts for remotely located individuals; ensuring the integrity of notarial acts for remotely located individuals and preventing fraud or mistake; and prescribing the process for granting and restricting commissions. Section 140.145(8) further authorizes the Department to promulgate administrative rules relating to the performance of notarial acts for remotely located individuals. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
80-150 hours
6. List with description of all entities that may be affected by the proposed rule:
The rule would provide additional options for all entities with staff who perform or utilize notarial services.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Not applicable. The commissioning and regulation of notaries public is a matter of state law.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
These revisions would not have any material economic impact.
Contact Person:
Matthew Lynch
Chief Legal Counsel, Department of Financial Institutions
608.266.7968
/s/ Matthew Lynch
5/5/2020
Date Submitted
