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CO Administrative Rules 2022 (Hearings)

Rule/Regulation

State: Colorado

Effective: March 17, 2022

Summary

Amended Notary Program Rules give education course providers and remote notarization systems or storage providers the ability to obtain an administrative hearing before taking action against their approvals to offer education courses and remote notarization systems and storage duties.

Affects

Amends Rules 3.6.5, 5.3.5, and 5.3.9, and renumbers prior Rules 5.3.5, 5.3.6, and 5.3.7 of Title 8 Section 1505-11 of the Colorado Code of Regulations.

Changes
  1. Clarifies that, unless an exception applies, the Secretary of State will provide a vendor or course provider with written notice, an opportunity to respond in writing, and a reasonable opportunity to comply with all lawful requirements that may warrant agency proceedings to terminate, suspend, or impose conditions on an existing accreditation of a vendor or approval of a provider before instituting such proceedings in accordance with the State Administrative Procedure Act.
  2. Clarifies that, unless an exception applies, the Secretary of State will not terminate, suspend, or impose conditions on an existing accreditation of a vendor or approval of a course provider until after holding a hearing in accordance with the State Administrative Procedure Act.
  3. Clarifies that if the Secretary of State denies approval of the application of a provider (defined in Rule 5.1.2 as a remote notarization system provider or a remote notarization storage provider), the rejected applicant has the right to request a hearing in accordance with the State Administrative Procedure Act.
  4. Clarifies that, unless an exception applies, the Secretary of State will provide a remote notarization system or storage provider with written notice, an opportunity to respond in writing, and a reasonable opportunity to comply with all lawful requirements that may warrant agency proceedings to terminate, suspend, or impose a condition on an existing approval before instituting such proceedings in accordance with the State Administrative Procedure Act (Article 4 of Title 24, C.R.S.).
  5. Clarifies that, unless an exception applies, the Secretary of State will not terminate, suspend, or impose conditions on an existing approval of a remote notarization system or storage provider until after holding a hearing in accordance with the State Administrative Procedure Act (Article 4 of Title 24, C.R.S.)
  6. Makes technical, non-substantive changes and corrections.
Analysis

Citing the Statement of Basis, Purpose, and Specific Statutory Authority, “The Secretary adopted amendments to ensure the uniform and proper administration, implementation, and enforcement of the Colorado Revised Uniform Law on Notarial Acts (RULONA) and to answer questions arising under the Act.” The statutory authority to promulgate rules derives from CRS 24-21-527(1), which authorizes the Secretary of State to “adopt rules to implement this part 5 [the Revised Uniform Law on Notarial Acts] in accordance with article 4 of this title 24 [the State Administrative Procedure Act]” and 24-21-527(1)(h), which authorizes the Secretary of State to “[p]rescribe requirements for the approval and use of remote notarization systems and storage systems.”

The rules take effect 20 days after publication in the Colorado Register. At the time this new law update was issued, the new regulations had yet to be formally published. We will update the effective date once it is known.

Read the adopted administrative rules.

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