[Rev. 11/21/2013 3:57:52 PM--2013]

[NAC-240 Revised Date: 1-12]

CHAPTER 240 - NOTARIES PUBLIC

RULES OF PRACTICE AND PROCEDURE

240.010            Scope and construction.

240.020            Relief from regulations.

240.030            Communications with Secretary of State.

240.040            Parties.

240.050            Filing and service.

240.060            Briefs.

240.070            Show cause orders.

240.080            Failure to appear.

240.090            Appearance at hearing.

240.100            Withdrawal of attorney.

240.110            Conduct at hearings.

240.120            Hearings: Preliminary procedure; evidence.

240.130            Continuances.

240.140            Decisions and orders.

240.150            Transcripts of hearings.

APPLICATIONS FOR APPOINTMENT

240.200            Fee for processing application nonrefundable.

240.205            Revocation of appointment for returned check which was used to pay application fee.

240.210            Form of name: Application; bond; official signature.

240.220            Incomplete applications.

240.223            Assignment of identification number.

240.227            Certified court reporter appointed as notary public with limited powers: Application; notification of change in status as certified court reporter; revocation of appointment.

240.235            Period of appointment.

240.240            Cancellation of appointment.

240.250            Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing.

240.260            Requirements to qualify as resident; residency in this state required during term of appointment.

240.262            Nonresident applicant for appointment as notary public: Form of affidavit setting forth address of applicant’s residence and place of business or employment.

240.264            Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed.

240.266            Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada.

240.270            Courses of study for mandatory training of notaries public.

 

 

 

RULES OF PRACTICE AND PROCEDURE

      NAC 240.010  Scope and construction. (NRS 240.017)  NAC 240.010 to 240.150, inclusive:

     1.  Govern all practice and procedure before the Secretary of State for the revocation of a notary public commission as provided in NRS 240.150.

     2.  Must be liberally construed to secure just, speedy and economical determination of all issues presented to the Secretary of State and to effectuate the purposes of chapter 233B of NRS and NRS 240.010 to 240.150, inclusive.

     3.  Must not be construed as conflicting with any provisions of NRS as they pertain to the powers and duties of the Secretary of State, but rather must be construed as being in harmony with them.

     [Sec’y of State, Practice Reg. 1 §§ 1.1, 1.2 & 1.4, eff. 6-23-76]

      NAC 240.020  Relief from regulations. (NRS 240.017)  In special cases, where good cause appears, not contrary to law, the Secretary of State may permit deviation from NAC 240.010 to 240.150, inclusive, where compliance is found to be impractical and unnecessary.

     [Sec’y of State, Practice Reg. 1 § 1.3, eff. 6-23-76]

      NAC 240.030  Communications with Secretary of State. (NRS 240.017)

     1.  All written communications and documents should be addressed to the Secretary of State and will be deemed to be officially received only when delivered at the Office of the Secretary of State.

     2.  The principal office of the Secretary of State is: Office of the Secretary of State, The Capitol, Carson City, Nevada 89710. The Office of the Secretary of State will be open from 8:00 a.m. to 5:00 p.m. each day except Saturday, Sunday and legal holidays.

     [Sec’y of State, Practice Reg. 2, eff. 6-23-76]

      NAC 240.040  Parties. (NRS 240.017)

     1.  Parties to proceedings before the Secretary of State under NAC 240.010 to 240.150, inclusive, consist of the staff of the Office of the Secretary of State and the notary public whose commission is subject to revocation, or his or her authorized representatives.

     2.  The Secretary of State’s staff may appear at any hearing and have all rights of participation as a party to the proceeding. If counsel is desired, the Attorney General will represent the staff.

     [Sec’y of State, Practice Reg. 3, eff. 6-23-76]

      NAC 240.050  Filing and service. (NRS 240.017)

     1.  An original and two legible copies of all documents, motions or other papers must be filed with the Secretary of State. The Secretary of State will retain the original document, motion or other paper. If the Attorney General will be representing the staff of the Office of the Secretary of State at any hearing, the Secretary of State will provide to the Attorney General a copy of all documents, motions and other papers.

     2.  All notices, opinions, decisions, orders or documents required to be served by the Secretary of State and all documents filed by any party may be served personally or by certified mail, and if service is made by mail, service is complete when a true copy of the documents, properly addressed and stamped, is deposited in the United States mail.

     3.  All documents required to be served by any party must contain an acknowledgment or certificate of service.

     [Sec’y of State, Practice Reg. 5, eff. 6-23-76]—(NAC A 9-1-94)

      NAC 240.060  Briefs. (NRS 240.017)  The Secretary of State may order briefs to be filed within such time as may be allowed by the Secretary of State and the brief must be accompanied by proof of service in accordance with subsection 3 of NAC 240.050.

     [Sec’y of State, Practice Reg. 6 § 6.11, eff. 6-23-76]

      NAC 240.070  Show cause orders. (NRS 240.017)

     1.  Hearings will be held before the Secretary of State pursuant to a show cause order being issued to the notary public concerned by the Secretary of State. The Secretary of State may designate one of his or her deputies or another competent person to act in his or her place at the hearing.

     2.  The show cause order must be substantially in the form available from the Office of the Secretary of State, and must include:

     (a) A statement of the time, place and nature of the hearing.

     (b) A statement of the legal authority and jurisdiction under which the hearing is to be held.

     (c) A reference to the cause for which the notary public’s commission is subject to revocation.

     (d) A short and plain statement of the matters asserted.

     3.  The show cause order constitutes notice of the hearing, as required by NRS 233B.121. A show cause order will be served at least 20 days before the time set for the hearing. A hearing which has previously been continued may be reset on notice of not less than 10 days. Hearings will be held at such place in the State as may be designated by the Secretary of State in the show cause order.

     [Sec’y of State, Practice Reg. 6 § 6.1, eff. 6-23-76]—(NAC A 9-1-94)

      NAC 240.080  Failure to appear. (NRS 240.017)

     1.  If a party fails to appear at a hearing scheduled by the Secretary of State in a show cause order and no continuance has been requested or granted, the Secretary of State may hear the evidence of such witnesses as may have appeared and the Secretary of State may proceed to consider the matter and dispose of it on the basis of the evidence before him or her in the manner required by NAC 240.010 to 240.150, inclusive.

     2.  Where, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing scheduled by the Secretary of State or fails to request a continuance, the person may, within a reasonable period of time, not to exceed 15 days, apply to the Secretary of State to reopen the proceedings, and the Secretary of State upon finding such cause sufficient and reasonable will immediately fix a time and place for hearing and give the person notice of the hearing. At the time and place fixed, a hearing must be held at which the person may testify in his or her own behalf or present such other evidence as may be beneficial to his or her cause. Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the Secretary of State.

     [Sec’y of State, Practice Reg. 6 § 6.2, eff. 6-23-76]

      NAC 240.090  Appearance at hearing. (NRS 240.017)

     1.  At any hearing, all parties named are entitled to make an appearance, to introduce evidence, examine and cross-examine witnesses, make arguments and participate in the conduct of the proceedings.

     2.  Parties shall enter their appearance at the beginning of a hearing or at any time as may be designated by the Secretary of State by giving their names and addresses and stating their position or interest to the Secretary of State.

     3.  Appearances and representation of parties must be made as follows:

     (a) A party is entitled to be heard in person or by his or her attorney.

     (b) An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, an attorney so admitted and entitled to practice must be associated.

     4.  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney and service is considered valid service for all purposes upon the party represented.

     [Sec’y of State, Practice Reg. 4 §§ 4.1-4.4, eff. 6-23-76]

      NAC 240.100  Withdrawal of attorney. (NRS 240.017)  Any attorney of record wishing to withdraw from a proceeding before the Secretary of State shall, in writing, immediately notify the Secretary of State and the party he or she represented.

     [Sec’y of State, Practice Reg. 4 § 4.5, eff. 6-23-76]

      NAC 240.110  Conduct at hearings. (NRS 240.017)

     1.  A person appearing in a proceeding shall conform to the recognized standards of ethical and courteous conduct. All parties to hearings, their counsel and spectators will conduct themselves in a respectful manner.

     2.  Smoking is not permitted at hearings of the Secretary of State while in session.

     [Sec’y of State, Practice Reg. 4 § 4.6 + Reg. 6 § 6.4, eff. 6-23-76]

      NAC 240.120  Hearings: Preliminary procedure; evidence. (NRS 240.017)

     1.  The Secretary of State will call the proceeding to order and proceed to take the appearances of the parties. The parties may then make opening statements if they desire.

     2.  All testimony to be considered by the Secretary of State in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear or affirm that the testimony he or she is about to give in hearing before the Secretary of State is the truth, the whole truth and nothing but the truth.

     3.  Evidence will ordinarily be received in the following order:

     (a) Secretary of State’s staff.

     (b) The notary public for whom the hearing is being held.

     (c) Rebuttal by the Secretary of State’s staff.

Ę This procedure may be modified by the Secretary of State. Closing statements by the parties may be allowed by the Secretary of State.

     4.  With the approval of the Secretary of State, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any such stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The Secretary of State may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

     5.  In conducting any investigation, inquiry or hearing, neither the Secretary of State nor any officer or employee of the Office, are bound by the technical rules of evidence and no informality in any proceeding or in the manner of taking testimony may invalidate any order, decision or regulation made, approved or confirmed by the Secretary of State. Rules of evidence before the courts of Nevada may be generally followed but may be relaxed in the discretion of the Secretary of State if deviation from the technical rules of evidence will aid in ascertaining the facts. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Secretary of State. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings are unnecessary and need not be taken.

     6.  The Secretary of State may take official notice of judicially cognizable facts and of recognized technical facts within the Secretary of State’s specialized knowledge, including the following matters:

     (a) Rules, regulations, official reports, decisions, and orders of the Secretary of State and any regulatory agency of the State of Nevada.

     (b) Contents of decisions, orders, standards, or records of the Secretary of State.

     (c) Matters of common knowledge and technical facts of established character.

     (d) Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference.

     [Sec’y of State, Practice Reg. 6 §§ 6.3, 6.5-6.8 & 6.12, eff. 6-23-76]

      NAC 240.130  Continuances. (NRS 240.017)  The Secretary of State may prior to a hearing or during a hearing, and upon proper showing, grant continuances for submission of further or additional proof of any subject matter.

     [Sec’y of State, Practice Reg. 6 § 6.10, eff. 6-23-76]

      NAC 240.140  Decisions and orders. (NRS 240.017)

     1.  A decision or order which is adverse to a party in any hearing must be in writing or stated in the record, and must include findings of fact and conclusions of law, separately stated.

     2.  Orders or decisions must be rendered within 30 days of the completion of the hearing.

     3.  A proceeding stands submitted for decision by the Secretary of State after the taking of evidence or the filing of briefs or the presentation of such oral argument as may have been permitted by the Secretary of State.

     4.  Decisions and orders of the Secretary of State will be served by sending a copy by certified mail to the parties of record or their representatives or by personal service thereof. Additional copies of orders may be obtained upon written request.

     [Sec’y of State, Practice Reg. 7, eff. 6-23-76]

      NAC 240.150  Transcripts of hearings. (NRS 240.017)  The Secretary of State will cause a record to be made of all hearings, in accordance with NRS 233B.121. Parties desiring copies of transcripts may obtain them from the Office of the Secretary of State upon payment of the fees fixed for them.

     [Sec’y of State, Practice Reg. 6 § 6.13, eff. 6-23-76]

APPLICATIONS FOR APPOINTMENT

      NAC 240.200  Fee for processing application nonrefundable. (NRS 240.017)  The fee required to be paid to the Secretary of State pursuant to the provisions of paragraph (a) of subsection 1 of NRS 240.030 at the time the application for appointment as a notary public is submitted is imposed for the purpose of processing the application and is not refundable.

     (Added to NAC by Sec’y of State, eff. 9-1-94)

      NAC 240.205  Revocation of appointment for returned check which was used to pay application fee. (NRS 240.017)

     1.  If a check which is used to pay the application fee for appointment as a notary public or the fee for filing the required bond and oath is returned by a bank for lack of sufficient funds, the Secretary of State may immediately and without a hearing revoke the appointment of the notary public.

     2.  A notary public whose appointment is revoked pursuant to this section must reapply for appointment pursuant to the provisions of NRS 240.030.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.210  Form of name: Application; bond; official signature. (NRS 240.017)

     1.  A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the person’s surname.

     2.  The bond that a person applying for appointment as a notary public must enter into pursuant to the provisions of paragraph (d) of subsection 1 of NRS 240.030 must be entered under the same form of the person’s name that appears on the application for appointment.

     3.  A notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the notary public’s surname, as his or her official signature.

     (Added to NAC by Sec’y of State, eff. 9-1-94)

      NAC 240.220  Incomplete applications. (NRS 240.017)  If an application for appointment as a notary public is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the clerk of the county in which the applicant resides does not certify to the Secretary of State that the applicant’s bond and oath have been filed and recorded within 1 year from the date of receipt of the application, the Secretary of State may destroy the application.

     (Added to NAC by Sec’y of State, eff. 9-1-94)

      NAC 240.223  Assignment of identification number. (NRS 240.017)

     1.  The Secretary of State will assign a unique number to each original certificate of appointment prepared by his or her Office. The number will be used to identify the notary public whose name appears on the certificate of appointment, must remain assigned to the notary public throughout the period of his or her appointment and must be included on each duplicate or amended certificate of appointment issued to the notary public by the Secretary of State.

     2.  If a notary public applies for a subsequent period of appointment, he or she must be assigned a new number.

     3.  No certificate of appointment issued before October 1, 1995, and no statement or stamp prepared before that date for use pursuant to NRS 240.040 need contain the number assigned to the notary public.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.227  Certified court reporter appointed as notary public with limited powers: Application; notification of change in status as certified court reporter; revocation of appointment. (NRS 240.017)

     1.  A certified court reporter who applies for appointment as a notary public with limited powers pursuant to NRS 240.030 must include in his or her application the number of his or her certificate of registration as a certified court reporter.

     2.  If a certified court reporter who is appointed a notary public with limited powers ceases to be a certified court reporter during the period of his or her appointment, he or she shall notify the Secretary of State within 30 days.

     3.  The certified court reporters’ board shall notify the Secretary of State in writing within 30 days after revoking the certificate of a certified court reporter pursuant to the provisions of chapter 656 of NRS.

     4.  Upon receiving a notification pursuant to this section, the Secretary of State may immediately and without hearing revoke the appointment of the notary public with limited powers.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.235  Period of appointment. (NRS 240.017)

     1.  Except as otherwise provided in subsection 2, the period of appointment of a notary public begins on the effective date of the bond entered into pursuant to the provisions of NRS 240.030.

     2.  If the bond does not have an effective date, or if no bond is required, the period of appointment begins on the date the Secretary of State signs the certificate of appointment.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.240  Cancellation of appointment. (NRS 240.017)  The cancellation of the appointment of a notary public pursuant to subsection 4 of NRS 240.010 is effective upon receipt by the Secretary of State of the notice requesting cancellation of the appointment.

     (Added to NAC by Sec’y of State, eff. 9-1-94; A 11-3-95; R175-97, 1-20-98)

      NAC 240.250  Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing. (NRS 240.017)

     1.  A person may file a complaint in writing with the Secretary of State alleging that a notary public has violated one or more of the provisions of chapter 240 of NRS. The complaint must include:

     (a) The name of the notary public;

     (b) If known, the name of the county in which the notary public resides;

     (c) If known and if assigned, the number on the certificate of appointment of the notary public;

     (d) An explanation of the reason for the complaint and, if known, the citation of each statutory provision which the notary public is alleged to have violated;

     (e) A copy of each document which is related to the matter; and

     (f) Such other information as the person considers relevant to the matter.

     2.  The complaint may be filed in person, by facsimile machine or by mail.

     3.  Within 15 days, excluding Saturdays, Sundays and legal holidays, after receiving a complaint, the Secretary of State will notify in writing the notary public who is the subject of the complaint. In the notice, the Secretary of State will include a copy of the complaint. The notice must be sent by certified mail and must contain:

     (a) A statement of the statutory provision which the notary public is alleged to have violated;

     (b) An explanation of the possible disciplinary actions that may be taken against the notary public;

     (c) Instructions for the notary public to respond to the complaint by mail or by facsimile machine; and

     (d) A statement that the notary public must respond to the complaint within 10 days after receiving the notice.

     4.  If, after receiving the response from the notary public, the Secretary of State determines that a hearing is not warranted, he or she will provide notification of his or her determination and the reasons therefor to the notary public and the person who filed the complaint.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.260  Requirements to qualify as resident; residency in this state required during term of appointment. (NRS 240.017)

     1.  No applicant for appointment as a notary public qualifies as a resident of this state pursuant to the requirements of NRS 240.015 unless he or she has been actually, physically and corporeally present in this state with the intent to establish permanent habitation for at least 30 days before the date on which he or she submitted his or her application.

     2.  A notary public must maintain residency in this state during the term of his or her appointment.

     (Added to NAC by Sec’y of State, eff. 11-3-95)

      NAC 240.262  Nonresident applicant for appointment as notary public: Form of affidavit setting forth address of applicant’s residence and place of business or employment. (NRS 240.017)  The following form must be used by an applicant for appointment as a notary public who resides in an adjoining state if the applicant is not self-employed:

 

NONRESIDENT NOTARY PUBLIC

AFFIDAVIT OF APPLICANT

 

STATE OF.............................

 

COUNTY OF........................

 

     I, ....................(Name of Applicant)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows:

 

     1.  The address of my residence is...............................................................................................

............................................................................................................................................................

 

     2.  I am employed by....................................................................................................................

 

     3.  The address of my place of employment is.............................................................................

............................................................................................................................................................

 

     4.  The telephone number at my place of employment is.............................................................

 

DATED this..........(day) of....................(month) of......(year)

 

                                                                        ....................................................................................

                                                                                                Signature of Applicant

 

Signed and sworn to before me on.......(date).......by..........(Signature of Applicant).........................

 

                                                                        ....................................................................................

                                                                                             Signature of Notary Public

 

     (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98)

      NAC 240.264  Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed. (NRS 240.017)  The following form must be used by the employer an applicant for appointment as a notary public who resides in an adjoining state if the applicant is not self-employed:

 

NONRESIDENT NOTARY PUBLIC

AFFIDAVIT OF EMPLOYER OF APPLICANT

 

STATE OF.............................

 

COUNTY OF........................

 

     I, ....................(Name of Employer)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows:

 

     1.  My business, ....................(Name of Business)...................., is licensed to do business in the State of Nevada.

 

     2.  The address of my place of business is...................................................................................

............................................................................................................................................................

 

     3.  The telephone number at my place of business is....................................................................

 

     4.  ....................(Name of Employee/Applicant).................... is regularly employed at my place of business within the State of Nevada.

 

DATED this..........(day) of....................(month) of......(year)

 

 

                                                                        ....................................................................................

                                                                                                Signature of Employer

 

Signed and sworn to before me on .......(date).......by..........(Signature of Employer)........................

 

                                                                        ....................................................................................

                                                                                             Signature of Notary Public

 

     (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98)

      NAC 240.266  Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada. (NRS 240.017)  The following form must be used by an applicant for appointment as a notary public who resides in an adjoining state if the applicant is self-employed:

 

NONRESIDENT NOTARY PUBLIC

AFFIDAVIT OF SELF-EMPLOYED APPLICANT

 

STATE OF.............................

 

COUNTY OF........................

 

     I, ....................(Name of Self-Employed Applicant)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows:

 

     1.  The address of my residence is...............................................................................................

............................................................................................................................................................

 

     2.  I am self-employed.

 

     3.  My business, ....................(Name of Business)...................., is licensed to do business in the State of Nevada.

 

     4.  The address of my place of business is...................................................................................

............................................................................................................................................................

 

     5.  The telephone number at my place of business is....................................................................

 

DATED this..........(day) of....................(month) of......(year)

 

 

                                                                        ....................................................................................

                                                                                   Signature of Self-Employed Applicant

 

Signed and sworn to before me on ........(date)........by....................(Signature of Self-Employed Applicant)....................

 

                                                                        ....................................................................................

                                                                                             Signature of Notary Public

 

     (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98)

      NAC 240.270  Courses of study for mandatory training of notaries public. (NRS 240.017, 240.018)

     1.  The Secretary of State will provide at least one course of study per month for the mandatory training of notaries public. The Secretary of State may prepare a workbook for each course containing such documents, forms and instructions as the Secretary of State deems necessary. No workbook is required as a prerequisite to attend any course of study.

     2.  Except as otherwise provided in subsection 3, an applicant for appointment as a notary public who is required pursuant to NRS 240.018 to enroll in and successfully complete a course of study for the mandatory training of notaries public must include with his or her application a certificate of successful completion of such a course, which must contain a validation stamp from the Secretary of State. A certificate of successful completion of a course of study for the mandatory training of notaries public is valid for 90 days after the date of its issuance.

     3.  The Secretary of State or a designee of the Secretary of State may, upon good cause shown by an applicant for appointment as a notary public who is required pursuant to NRS 240.018 to enroll in and successfully complete a course of study for the mandatory training of notaries public, appoint the applicant as a notary public subject to the condition that the applicant successfully complete the course of study within a period specified by the Secretary of State or the designee of the Secretary of State. Good cause includes, without limitation, the inability of the applicant to attend a course of study because of weather conditions, the medical condition of the applicant or the geographic proximity of the applicant to the offered courses of study.

     4.  The Secretary of State may authorize the provision of a course of study for the mandatory training of notaries public by a qualified third party subject to the terms and conditions established by the Secretary of State or a designee of the Secretary of State.

     (Added to NAC by Sec’y of State, eff. 11-3-95; A by R114-07, 4-17-2008)