New Jersey Statutes 52:7-10.4. Grounds for State Treasurer to deny application, refuse to renew commission, or revoke, suspend, or limit commission
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the second degree | between 5 and 10 years | up to $150,000 |
Terms Used In New Jersey Statutes 52:7-10.4
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. The State Treasurer may deny an application for commission as a notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including:
(1) failure to comply with P.L.1979, c.460 (C. 52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C. 59:7-10.1 et al.);
(2) a fraudulent, dishonest, or deceitful misstatement or omission in the application for commission as a notary public submitted to the State Treasurer;
(3) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on fraud, dishonesty, or deceit, including but not limited to a violation of section 1 of P.L.1997, c.1 (C. 2C:21-31) or section 1 of P.L.1994, c.47 (C. 2C:21-22), but nothing in this paragraph shall be deemed to supersede P.L.1968, c.282 (C. 2A:168A-1 et seq.);
(4) a conviction of a crime of the second degree or above, but nothing in this paragraph shall be deemed to supersede P.L.1968, c.282 (C. 2A:168A-1 et seq.);
(5) failure by the notary public to discharge any duty required by any law, including P.L.1979, c.460 (C. 52:7-10 et seq.), any rules or regulations promulgated thereunder by the State Treasurer, and any other State or federal law;
(6) use of false or misleading advertising or representation by the notary public representing that the notary is commissioned, licensed, or authorized to practice or engage in work that the notary is not commissioned, licensed, or authorized to engage in;
(7) in the case of a notary public who is not an attorney licensed to practice law, any of the following:
(a) giving legal advice;
(b) acting as an immigration consultant or an expert on immigration matters;
(c) otherwise performing the duties of an attorney licensed to practice law in New Jersey;
(d) a disciplinary or other administrative action resulting in a finding of culpability if the applicant holds any professional license regulated by the State; or
(e) creating or reinforcing, by any means, a false impression that the person is licensed to engage in the practice of law in this State or any other state, including, but not limited to, committing a violation of P.L.1994, c.47 (C. 2C:21-22) or P.L.1997, c.1 (C. 2C:21-31);
(8) failure to take and subscribe to the oath pursuant to section 5 of P.L.1979, c.460 (C. 52:7-14) within three months of the receipt of a notary public commission;
(9) withholding access to or possession of an original record or photocopy provided by a person who seeks performance of a notarial act by the notary public, except where allowed by law; or
(10) the denial of an application for notary public in another state; the refusal to renew in another state; or the suspension, revocation, or other limitation of the commission of the notary public in another state.
b. If the State Treasurer denies an application for notary public; refuses to renew a commission of a notary public; or suspends, revokes, or otherwise limits the commission of a notary public, the applicant or the notary public is entitled to timely notice and hearing in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.).
c. The authority of the State Treasurer to deny an application for notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public shall not prevent a person aggrieved by the actions of a notary public from seeking other criminal or civil remedies provided by law.
L.2021, c.179, s.9.