ALJDEC decisions subject to certification as final

19A-003-NOT · Secretary of State · 2019-04-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 17, 2019 APPEARANCES: Mary J. Maund on her own behalf; Kyle Cummings, Esq. for the Secretary of State ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT On March 4, 2019 the Arizona Secretary of State issued a Notice of Hearing setting the above-captioned matter for hearing on April 17, 2019. The Notice of Hearing provided that the hearing was to resolve the dispute between Mary J. Maund and the Secretary of State regarding its determination to revoke of Ms. Maund’s notary commission. Ms. Maund testified on her own behalf, and presented the testimony of Keith Dean. The Secretary of State presented the testimony of Patricia Viverto, its Director of Business Services. The Secretary of State received a complaint against Ms. Maund and referred the matter to the Attorney General’s Office (“AGO”) for investigation. The complainant alleged that Ms. Maund had changed the address on a deed she notarized. Although the complaint itself was determined to be unfounded, during its investigation, the AGO found that Ms. Maund had not been properly fulfilling the duties of a notary. Through a letter dated March 16, 2018, the AGO requested that Ms. Maund file a response to the complaint, and that she provide copies of her journal for the dates of September 24 through 28, 2017 and copies of the journal pages for the date on which the deed at issue was notarized. Through a letter dated March 28, 2018, Ms. Maund responded to the AGO’s request, in that she answered the complaint and provided a copy of the deed at issue, but she did not provide the pages of her journal as requested. Through a letter dated April 5, 2018, the AGO made a second request for Ms. Maund to provide the appropriate pages from her journal. Ms. Maund responded to the AGO’s second request, but her response was not complete because she did not provide the journal pages for the full range of dates. In addition, the journal pages Ms. Maund provided did not have all the information required pursuant to Ariz. Rev. Stat. section 41-319. Through a letter dated December 31, 2018, the Secretary of State informed Ms. Maund that it had determined that she was in violation of Ariz. Rev. Stat. section 41-330(A)(4) and that her commission would be revoked effective ten business days from the date of that letter. The letter shows that the Secretary of State had determined that Ms. Maund had failed to properly reply to the AGO investigation, she failed to prove that she kept and maintained her journal as required, that she did not record all the required information in her journal, and that she had failed to get the required identification from the signers. Ms. Maund works for Dean Notaries, which provides mobile notary services for title companies and attorneys. Ms. Maund testified to the effect that she had been informed that all the required information was kept at the title company and/or at Dean Notaries, and as such, she would fill out only the “first” page of the journal for her entries, rather than the complete two-page form. She would however take photographs of the documents, including the identification being presented, and send those to Dean Notaries, which would then forward copies to the title companies. Ms. Maund assumed that she did not need to enter the information in her journal because she had the information through the photographs. At the hearing, Ms. Maund acknowledged that she now knew that these procedures were in error. She also testified that she has signed up for additional training in Florida where she is also a notary, and that this is her livelihood and she is willing to do things right. While the investigation was pending, Ms. Maund was moving, so her journal was packed, and her friend suffered a stroke, so she began caring for him, which limited her ability to respond to the AGO’s requests for information. Mr. Dean testified to the effect that Dean Notaries has been in business for twenty years without complaint and that it conducts 20 to 120 signings per day. Mr. Dean acknowledged that Dean Notaries had made mistakes in how it was doing things, but never to the detriment of a customer. Mr. Dean also explained that Dean Notaries has all the required records available and that these records could be accessed through his phone. Dean Notaries has now registered for training classes offered by the Secretary of State. Prior to the hearing, Ms. Viverto was not aware that the information at issue was available in a form other than the journal, but she did not see that that would change the decision to revoke Ms. Maund’s certification. CONCLUSIONS OF LAW The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(2). The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014). The preponderance of the evidence shows that Ms. Maund did not properly keep and maintain her journal, and that she failed to record in her journal all the required information, in violation of Ariz. Rev. Stat. sections 41- 319(A) and 41-313. The preponderance of the evidence shows that Ms. Maund did not fully comply with the AGO’s investigation, which is a violation of Ariz. Rev. Stat. section 41-331(B). Ms. Maund has failed to discharge fully and faithfully any of the duties or responsibilities required of a notary public in violation of Ariz. Rev. Stat. section 41-330(A)(4). Consequently the Secretary of State has authority to revoke her commission. Based on the nature of proven violations, particularly Ms. Maund’s failure to comply with the basic requirements of a notary, it is recommended that the Secretary of State’s decision to revoke Ms. Maund’s commission be affirmed. RECOMMENDED ORDER IT IS ORDERED that Mary J. Maund’s notary public commission is revoked. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is five days after the date of that certification.

Done this day, April 30, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Evelia McGee, Notary Public Complaint Coordinator Secretary of State -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826