Grant or Denial of Commission or Recommission; Grounds; Unauthorized Practice of Law

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  2. Georgia Code
  3. Public Officers and Employees
  4. Notaries Public
  5. General Provisions
  6. Grant or Denial of Commission or Recommission; Grounds; Unauthorized Practice of Law

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  1. After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicant's submission of the necessary documents.
  2. The clerk of superior court may in his or her discretion deny a commission or recommission to an applicant based on any of the following grounds:
    1. The applicant's criminal history;
    2. Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state;
    3. The commission in this or any state of any act enumerated in subsection (a) of Code Section 45-17-15, whether or not criminal penalties or commission suspension or revocation resulted; or
    4. The applicant is found by the State Bar of Georgia, a court of this state, or a court of any other state to have engaged in the unauthorized practice of law.
  3. Any applicant who is denied a notarial commission or recommission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury.

(Code 1981, §45-17-2.3, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1992, p. 6, § 45; Ga. L. 2002, p. 630, § 1.)

Cross references.

- Unauthorized practice of law forbidden, § 15-19-51.


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