section .0600 – Rejections, denials, discipline, and enforcement
18 NCAC 07B .0601 FACTORS CONSIDERED IN DISCIPLINARY ACTIONS
When determining whether to deny an application or take disciplinary action against a notary, the Director may consider a variety of factors including:
(1) Nature, number and severity of any acts, offenses, official misconduct or crimes under consideration;
(2) Evidence pertaining to the honesty, credibility, truthfulness, and integrity of the applicant or notary public;
(3) Actual or potential monetary or other harm to the general public, group, individual, or client;
(4) History of complaints received by the Department;
(5) Prior disciplinary record or warning from the Department;
(6) Evidence in mitigation;
(7) Evidence in aggravation;
(8) Occupational, vocational, or professional license disciplinary record;
(9) Evidence of rehabilitation. NOTE: Examples include reference letters and proof of class attendance;
(10) Criminal record;
(11) Reports from law enforcement agencies;
(12) Willfulness;
(13) Negligence.
History Note: Authority G.S. 10B-14(f); 10B-60;
Eff. April 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;
Transferred from 18 NCAC 07B .0901 Eff. June 1, 2023.