North Carolina Administrative Code

18 NCAC 07B .0606 SUSPENSION After consideration of the factors in Rule .0601 of this Section, the Department may issue a suspension to a person who: (1) violates a requirement of Chapter 10B of the General Statutes or the rules in this Chapter; or (2) has a criminal conviction. …

18 NCAC 07B .0607 RESTRICTION Upon a finding that the person has acted without being authorized by the Department, the Department may issue an administrative action to restrict that person from applying for authorization or from becoming authorized to: (1) perform a notarial act;…

18 NCAC 07B .0608 MANDATORY REVOCATION The Department shall revoke an authorization of: (1) a person who is convicted of a crime related to performance of an act pursuant to, or in relation to, an authorization issued by the Department; (2) a notary public who notarizes the notar…

18 NCAC 07B .0609 FAILURE TO REMIT FEES (a) Failure of a platform provider to remit fees in accordance with G.S. 10B-134.19 and the rules in this Chapter shall be a basis for the Department to revoke a platform license. (b) Revocation shall not preclude other disciplinary action …

18 NCAC 07B .0610 FAILURE TO VERIFY A technology provider, or physical seal manufacturer or vendor shall be deemed to have knowingly created, manufactured or distributed a notary seal in violation of G.S. 10B-60(n) if the provider, manufacturer, or vendor fails to comply with, as…

SECTION .0700 – REPORTING PROFESSIONAL LICENSES, PUBLIC OFFICES, AND NOTARY COMMISSIONS 18 NCAC 07B .0701 GENERAL An applicant for a notary commission shall include with the application a list of all professional licenses, public offices, and notary commissions as required by G.S…

18 NCAC 07B .0702 REQUIREMENTS REGARDING PROFESSIONAL LICENSES AND NOTARIAL COMMISSIONS An individual required to provide information to the Department about professional licenses and notarial commissions that the individual presently holds, has held, or has applied for shall inc…

18 NCAC 07B .0703 DISCIPLINARY ACTION INVOLVING A PROFESSIONAL LICENSE OR NOTARY COMMISSION For each professional license or notary commission listed by the applicant pursuant to Rule .0701 of this Section, and for which the individual has been the subject of a disciplinary actio…

18 NCAC 07B .0704 PUBLIC OFFICES An individual shall include on the application for authorization: (1) a list of each public office that the individual presently holds or has held; (2) the name under which each public office is or was held; (3) the locality, state, federally reco…

18 NCAC 07B .0705 DENIALS OF PUBLIC OFFICES If an individual was denied a public office, the individual shall include with the application: (1) the name of the public office that was denied; (2) the locality, state, federally recognized tribe, or nation where the public office is…

18 NCAC 07B .0706 RESIGNATIONS FROM PUBLIC OFFICES If an individual resigned from a public office, the individual shall include: (1) the name of the public office from which the individual resigned; (2) the locality, state, federally recognized tribe, or nation where the public o…

18 NCAC 07B .0707 DISCIPLINARY ACTION INVOLVING A PUBLIC OFFICE For each public office listed pursuant to Rule .0701 of this Section and for which the individual has been the subject of a disciplinary action, the individual shall include: (1) the date of each disciplinary action;…

18 NCAC 07B .0708 EVIDENCE OF MINIMUM EXPERIENCE (transferred to 18 NCAC 07E .0201 eff. june 1, 2023)

18 NCAC 07B .0709 JOURNAL AS EVIDENCE OF EXPERIENCE (transferred to 18 NCAC 07E .0204 eff. june 1, 2023)

18 NCAC 07B .0710 EMPLOYER AFFIDAVIT AS EVIDENCE OF EXPERIENCE (transferred to 18 ncac 07e .0209 eff. june 1, 2023)

18 NCAC 07B .0711 ALTERNATIVE EVIDENCE OF EXPERIENCE (transferred to 18 NCAC 07E .0212 eff. june 1, 2023)

18 NCAC 07B .0712 RECOMMENDATIONS (transferred to 18 ncac 07E .0112 eff. june 1, 2023)

18 NCAC 07B .0713 ORAL PRESENTATION REQUIREMENT FOR APPLICANT (transferred to 18 NCAC 07E .0303 eff. june 1, 2023)

18 NCAC 07B .0714 NOTARY PUBLIC INSTRUCTOR CERTIFICATION AND RECERTIFICATION EXAMINATIONS (transferred to 18 NCAC 07E .0302)

18 NCAC 07B .0715 ADDITIONAL REQUIREMENTS (transferred to 18 NCAC 07E .0701 eff. june 1, 2023)

18 NCAC 07B .0716 MINIMUM INSTRUCTiONAL DUTIES OF CERTIFIED NOTARY PUBLIC INSTRUCTORS (transferred to 18 NCAC 07E .0601 eff. june 1, 2023)

18 NCAC 07B .0717 EVALUATIONS OF INSTRUCTION (transferred to 18 NCAC 07E .1001 eff. june 1, 2023)

18 NCAC 07B .0718 ELIGIBILITY FOR RECERTIFICATION AS NOTARY PUBLIC INSTRUCTOR (transferred to 18 Ncac 07e .1101 eff. june 1, 2023)

18 NCAC 07B .0719 NOTARY PUBLIC INSTRUCTOR RECERTIFICATION REQUIREMENTS (transferred to 18 NCAC 07E .1102 eff. june 1, 2023)

18 NCAC 07B .0720 DENIAL OF NOTARY PUBLIC INSTRUCTOR CERTIFICATION OR RECERTIFICATION (transferred to 18 NCAC 07B .1103 eff. june 1, 2023)

SECTION .0800 – ACCOMMODATIONS FOR PRINCIPALS 18 NCAC 07B .0801 DEFINITIONS For the purpose of this Chapter, the following definitions shall apply: (1) "Accessibility", "accommodation", and "reasonable accommodation" mean actions facilitating participation in a remote electronic …

18 NCAC 07B .0802 PRINCIPAL SEEKING ACCOMMODATION (a) Before performing a notarial act, a notary public shall require a principal needing reasonable accommodation for vision, hearing, or speech impairments to disclose: (1) any auxiliary aid that the principal has chosen for use i…

18 NCAC 07B .0803 principal use of certain accommodations permitted A notary public may perform a notarization for a principal with a vision, hearing, or speech impairment whose communications are accurately conveyed by: (1) an auxiliary aid; or (2) an interpreter, transliterator…

18 NCAC 07B .0804 PROHIBITION ON USE OF ACCOMMODATION AS INTERMEDIARY LANGUAGE An interpreter, transliterator, or CART captioner shall not act as a bridge or relay interpreter to facilitate communication between a notary public and a principal who do not share a common language. …

18 NCAC 07B .0805 PROHIBITION ON USE OF AUXILIARY AID FOR INTERMEDIARY LANGUAGE A notary public shall not allow a principal to use an auxiliary aid to act as a bridge or to provide relay interpretation to facilitate communication between a notary and a principal who do not share …

18 NCAC 07B .0806 INTERPRETER OR TRANSLITERATOR INFORMATION (a) Before performing a notarial act, a notary public shall require any interpreter or transliterator used by a principal to state: (1) the name of the interpreter or transliterator as it appears on the North Carolina li…

18 NCAC 07B .0807 CART CAPTIONER INFORMATION (a) Before performing a notarial act, a notary public shall require any CART captioner used by a remotely located principal to state: (1) the CART captioner's name as it appears on the National Court Reporters Association certification…

18 NCAC 07B .0808 Limits on Accommodations A notary public shall not perform a notarial act if an individual identified pursuant to Rules .0806 and .0807 of this Section: (1) is not certified as a CART captioner; (2) is not licensed as an interpreter or a transliterator; or (3) i…

18 NCAC 07B .0809 JOURNAL ENTRY REQUIRED REGARDING ACCOMMODATIONS A notary public shall document within each journal entry any accommodations used by a principal during the notarial transaction. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 10B-134.23; E…

18 NCAC 07B .0810 CONTENTS OF JOURNAL ENTRY REGARDING ACCOMMODATIONS A notary public's journal entry pursuant to Rule .0809 of this Section shall include: (1) the type of auxiliary aid specified by the principal; (2) the information regarding a transliterator or interpreter requi…

section .0900 – enforcement and disciplinary action 18 NCAC 07B .0901 FACTORS CONSIDERED IN DISCIPLINARY ACTIONS (transferred to 18 NCAC 07B .0601 eff. june 1, 2023)

18 NCAC 07B .0902 GENERAL APPLICATION DENIAL (transferred to 18 NCAC 07B .0602 eff. june 1, 2023)

18 NCAC 07B .0903 EXECUTED DOCUMENT VIOLATIONS (transferred to 18 NCAC 07B .0603 eff. june 1, 2023)

18 NCAC 07B .0904 COMPLETE AND LAWFUL NOTARIAL ACT VIOLATIONS (transferred to 18 ncac 07b .0604 eff. june 1, 2023)

18 NCAC 07B .0905 OTHER VIOLATIONS (transferred to 18 ncac 07B .0605 eff. june 1, 2023)

18 NCAC 07B .0906 MINIMUM SANCTION (transferred to 18 ncac 07B .0606 eff. june 1, 2023)

18 NCAC 07B .0907 APPEAL PROCEDURES (Transferred to 18 NCAC 07B .0607 eff. june 1, 2023)

SECTION .1000 – PUBLIC RECORDS AND REQUESTS FOR INFORMATION 18 NCAC 07B .1001 PUBLIC INFORMATION (transferred to 18 ncac 07B .0110 eff. june 1, 2023)

SUBCHAPTER 07C – Process to Become a Notary and Renew a Notary Commission SECTION .0100 – GENERAL PROVISIONS 18 NCAC 07C .0101 SCOPE This Subchapter sets requirements for the application, commissioning, and recommissioning process for traditional notaries public. History Note: Au…

18 NCAC 07C .0102 DEFINITIONS RELATED TO APPLICATION AND RECOMMISSIONING PROCESS For purposes of this Subchapter: (1) "Commission applicant" is an applicant for an initial commission or for recommissioning as a traditional notary public. (2) "Exam" means a test prepared by the De…

SECTION .0200 – INITIAL APPLICATION FOR NOTARY PUBLIC APPOINTMENT AND COMMISSION 18 NCAC 07C .0201 INITIAL APPLICATION An applicant for initial appointment as a traditional notary public who is not a licensed member of the North Carolina State Bar shall: (1) possess a current per…

18 NCAC 07C .0202 TIMING An applicant for initial appointment as a traditional notary public shall: (1) submit an application within three months after successfully completing the notary course and exam; or (2) if a licensed member of the North Carolina State Bar, comply with the…

18 NCAC 07C .0203 REQUIREMENTS FOR APPLICANTS RESIDING OUTSIDE NORTH CAROLINA A commission applicant who resides outside the State of North Carolina and has a regular place of work or business in North Carolina shall submit an affidavit from the applicant's employer that shall be…

18 NCAC 07C .0204 ADDITIONAL REQUIREMENTS FOR APPLICANTS LISTING CONVICTIONS A commission applicant who submits a criminal history record shall include with the application the information required by 18 NCAC 07B .0500. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.

18 NCAC 07C .0205 REQUIREMENTS FOR APPLICANT WITH PENDING CRIMINAL CHARGES A commission applicant who has pending criminal charges in a court shall comply with 18 NCAC 07B .0505. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.