Sec. 40.
(1) The secretary may, on his or her own initiative or in response to a complaint, make a reasonable and necessary investigation within or outside of this state and gather evidence concerning a person who violated, allegedly violated, or is about to violate this act, a rule promulgated under this act, or an order issued under this act or concerning whether a notary public is in compliance with this act, a rule promulgated under this act, or an order issued under this act.
(2) A person may file a complaint against a notary public with the secretary. A complaint shall be made in a format prescribed by the secretary and contain all of the following:
(a) The complainant's name, address, and telephone number.
(b) The complainant's signature and the date the complaint was signed.
(c) A complete statement describing the basis for the complaint.
(d) The actual record that is the basis for the complaint or a copy, photocopy, or other replica of the record.
(3) The secretary may investigate compliance with this act, the rules promulgated under it, or an order issued under it by examination of a notary public's records, contracts, and other pertinent records or information that relate to the official acts of the notary public.
History: 2003, Act 238, Eff. Apr. 1, 2004
Structure Michigan Compiled Laws
Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315)
Section 55.263 - Definitions; a to I.
Section 55.265 - Definitions; J to R.
Section 55.267 - Definitions; S to V.
Section 55.269 - Notary Public; Appointment; Extension of Expiration Date for 2020 Through 2021.
Section 55.271 - Notary Public; Qualifications.
Section 55.273 - Filing; Oath; Bond; Fee.
Section 55.277 - Notary Education and Training Fund.
Section 55.281 - Corrected Notary Public Commission.
Section 55.283 - Obtaining and Reading State Statutes.
Section 55.285 - Performance of Notarial Acts; Scope; Verification.
Section 55.286 - Electronic Notarization Systems; Notification Required.
Section 55.289 - Repealed. 2006, Act 155, Imd. Eff. May 26, 2006.
Section 55.291 - Notary Public; Prohibited Conduct.
Section 55.293 - Person With Physical Limitations; Signature by Notary Public.
Section 55.295 - Request by Secretary of State; Failure to Respond.
Section 55.297 - Misconduct; Civil Liability; Conditions.
Section 55.299 - Violations of Notary Public Laws.
Section 55.300 - Investigation by Secretary of State; Complaint.
Section 55.300a - Penalties; Evidence; Notice and Hearing; Revocation of Commission; Fine.
Section 55.301 - Automatic Revocation; Violation as Felony; Notification of Conviction.
Section 55.303 - Reapplication After Revocation; Unpaid Fine.
Section 55.305 - Injunction or Restraining Order.
Section 55.311 - Notary Fees Fund.
Section 55.313 - Maintenance of Records.