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;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.