Wisconsin Statutes 140.27 – Rules; powers of the department
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 140.27
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)
(a) Subject to pars. (b) and (c), the department shall promulgate rules to implement this chapter. These rules shall do all of the following:
1. Establish maximum fees that may be charged by a notary public for performing a notarial act for a remotely located individual.
2. Prescribe the manner of performing notarial acts regarding tangible and electronic records.
3. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.
4. Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.
5. Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public.
6. Include provisions to prevent fraud or mistake in the performance of notarial acts.
(b) Rules promulgated under par. (a) regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.
(c) In promulgating rules under par. (a) about notarial acts with respect to electronic records, the department shall consider, so far as is consistent with this chapter, all of the following:
1. The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.
2. Standards, practices, and customs of other jurisdictions that substantially enact the revised uniform law on notarial acts (2018) or any subsequent version of this act.
3. The views of governmental officials, entities, and other interested persons.
(2) The department has the power, jurisdiction, and authority to do any of the following:
(a) Investigate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule promulgated or order issued under this chapter. For the purpose of an investigation under the chapter, the department may administer oaths and affirmations, issue subpoenas, take evidence, require the filing of statements, require testimony, and require the production of any records that the department considers relevant or material to the investigation.
(b) Revoke, suspend, or restrict any commission or registration issued under this chapter if the department determines that the person holding the commission or registration has refused to comply with an investigation demand under par. (a) or has violated, is violating, or is about to violate this chapter or any rule promulgated or order issued under this chapter.