section .0900 – enforcement and disciplinary action

18 NCAC 07B .0901          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.