Grounds to Deny, Refuse to Renew, Revoke, Suspend or Condition Commission of a Notary Public.

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32-3-122. Grounds to deny, refuse to renew, revoke, suspend or condition commission of a notary public.

(a) The secretary of state may suspend or impose conditions on a commission as a notary public for failure to:

(i) Meet the examination and education requirements set forth in W.S. 32-3-121; or

(ii) Pay the application filing fee.

(b) The secretary of state may deny, refuse to renew or revoke a commission as notary public for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:

(i) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;

(ii) A conviction of the applicant or notary public of any felony relevant to the duties of a notary or a crime involving fraud, dishonesty or deceit;

(iii) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit;

(iv) Failure by the notary public to discharge any duty required of a notary public, whether by this act, rules of the secretary of state, or any federal or state law;

(v) Use of false or misleading advertising or representation by the notary public representing that he has a duty, right or privilege that he does not have;

(vi) Violation by the notary public of a rule or requirement of the secretary of state regarding a notary public;

(vii) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;

(viii) Failure to comply with any term of suspension or condition imposed on the commission of a notary public under this section; or

(ix) Performance of any notarial act while not currently commissioned by the secretary of state or pursuant to other authority to perform a notarial act under this act.

(c) A notary public who is convicted of or pleads guilty or no contest to a felony or a crime involving fraud, dishonesty or deceit shall notify the secretary of state by written notice within thirty (30) days of the conviction or plea.

(d) The authority of the secretary of state to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

(e) A person may not apply for or receive a commission and appointment as a notary public if a denial, refusal to renew or revocation pursuant to this section has been issued by the secretary of state except as otherwise provided by rule of the secretary of state.

(f) If the secretary of state denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to contest the action in accordance with the Wyoming Administrative Procedure Act.


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