Idaho Code 51-123 – Grounds to Deny, Revoke, Suspend or Condition Commission of Notary Public
Current as of: 2023 | Check for updates
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(1) The secretary of state may deny, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:
(a) Failure to comply with the provisions of this chapter;
(b) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;
(c) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit;
(d) 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;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the secretary of state or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;
(g) Violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) Denial, revocation, suspension of, or placing a condition on a notary public commission in another state; or
(i) Failure of the notary public to maintain an assurance as provided in section 51-121, Idaho Code.
(2) If the secretary of state denies, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 52, title 67, Idaho Code.
Terms Used In Idaho Code 51-123
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Notary public: means an individual commissioned to perform a notarial act by the secretary of state. See Idaho Code 51-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal entity. See Idaho Code 51-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 51-102
(3) The authority of the secretary of state to deny, 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.