| Notice Filed with SOS |
11/15/2023 |
| Rule |
ProposedRuleAttach2023-00757.pdf |
| Additional Information |
AddInfoAttach2023-00757.pdf |
| Statutory Authority |
Sections 24-21-527(1), 24-21-527(1)(a), 24-21-527(1)(d), and 24-21-527(1)(e), C.R.S. |
| Description of Subjects/Issues |
The Department is considering amendments to the Colorado Department of State Notary Program Rules to ensure the uniform and proper administration, implementation, and enforcement of the Revised Uniform Law on Notarial Acts (RULONA). Specifically, the Department proposes permanent rule revisions necessary to require a notary public to both: (1) inform a customer, before performing a notarial act, of any service that is an additional charge to the notarial act and (2) provide an itemized invoice of each specific charge. Failing to do so will lead to the presumption that the amount charged is solely for the notarial act. If that charge exceeds the statutory limit, it is presumptive evidence of a violation of RULONA. The Department may consider additional rule amendments. Please see attached Notice of Permanent Rulemaking including a Draft Statement of Basis. |
| Purpose/Objective of Rule |
The Department has considered amendments to the Colorado Department of State Notary Program Rules to ensure the uniform and proper administration, implementation, and enforcement of the Revised Uniform Law on Notarial Acts (RULONA). Specifically, the Department adopts permanent rule revisions necessary to require a notary public to both: (1) inform a customer, before performing a notarial act, of any service that is an additional charge to the notarial act and (2) provide a written document that lists the specific fee(s) charged for any notarial acts performed. Failing to provide such documentation, the presumption is that the amount charged exceeds the statutory fee limit. There is also an exception given to an employee of a title company for notarial acts performed as part of services provided by that title company. Please see attached Notice of Permanent Adoption, including a Statement of Basis. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00757.pdf
|
| Comments |
This hearing was conducted in person and online. To listen to the hearing’s recording, please use the following link: https://csos.granicus.com/player/clip/419. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
12/19/2023 |
| Hearing Time |
11:00 AM |
| Hearing Location |
Please see the Additional Information section for details. |
| Contact Name |
Shannon Kenney |
| Contact Title |
Rulemaking and Legislative Policy Analyst |
| Contact Telephone |
303.894.2200 x6124 |
| Contact email |
SoS.Rulemaking@coloradosos.gov |