41-330. Grounds for refusal, revocation or suspension of commission


(Rpld. 7/1/22)


A. The secretary of state may refuse to appoint any person as a notary public, may revoke or suspend the commission of any notary public or may require that a notary public attend a notary training course instead of or in addition to a suspension for any of the following reasons:

1. Substantial and material misstatement or omission in the application for a notary public commission that is submitted to the secretary of state.

2. Conviction of a felony unless restored to civil rights, or of a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a notary public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this paragraph.

3. Revocation, suspension, restriction or denial of a professional license if that action was for misconduct, dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public.

4. Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.

5. The use of false or misleading advertising in which the notary public has represented that the notary public has duties, rights or privileges that the notary public does not possess by law.

6. Charging more than the fees authorized by statute or rule.

7. The commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another person or to substantially injure another person.

8. Failure to complete the acknowledgment or jurat at the time the notary's signature and seal are affixed to the document.

9. Failure to administer the oath or affirmation required at the time of performing a jurat for an individual.

10. Execution of any notarial certificate by the notary public containing a statement known by the notary public to be false.

11. The return for insufficient funds or any other reason for nonpayment of a check issued for the bond filing fees or the application fees to the secretary of state.

12. Notarizing a document that contains no notarial certificate.

B. If an application is denied, the secretary of state shall notify the applicant within thirty days after receipt of the application and shall state the reasons for the denial. If a person appeals the denial of an application, the person may not submit a new application for consideration while the appeal is pending.

C. The secretary of state may suspend the commission of a notary for at least thirty days and for not more than one hundred eighty days.

D. If a person has had a notary commission in this state revoked, the person may not submit a new application for a notary commission for one year after the date of the revocation.  The secretary of state may refuse to again appoint the person as a notary public for an indefinite period of time.

E. On denial of an application or revocation or suspension of a notary public's commission, the secretary of state shall give notice to the person and shall provide the person with notice of the opportunity for a hearing on the denial of an application or revocation or suspension pursuant to chapter 6, article 10 of this title. The denial of an application or revocation or suspension of a notary public commission is an appealable agency action.