Denial or revocation of notary public commission

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  1. (a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public:

    1. (1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact;

    2. (2) Is convicted of official misconduct under the provisions of § 21-14-111;

    3. (3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law;

    4. (4) Is found by a court of this state to have engaged in the unauthorized practice of law;

    5. (5) Is found by a court to have improperly notarized documents according to the law;

    6. (6) Is found by a court to have charged fees higher than allowed under § 21-6-309; or

    7. (7) Fails to complete the requirements under § 21-14-101.

  2. (b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person.

  3. (c) After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State:

    1. (1) The notary public's journal of notarial acts;

    2. (2) All other papers and copies relating to the notary public's notarial acts; and

    3. (3) The notary public's official seal.

  4. (d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation.


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