Texas Government Code 406.009 – Rejection of Appointment; Suspension or Revocation of Commission
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(a) The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.
(b) An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.
Terms Used In Texas Government Code 406.009
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An appeal under this section is to the district court of Travis County. The secretary of state has the burden of proof, and the trial is conducted de novo.
(d) In this section, “good cause” includes:
(1) a false statement knowingly made in an application;
(2) the failure to comply with § 406.017;
(3) a final conviction for a violation of a law concerning the regulation of the conduct of notaries public in this or another state;
(4) the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public; or
(5) performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed.
(e) The following may not be considered a conviction for the purposes of determining eligibility and good cause:
(1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt; and
(2) a finding of guilt that has been set aside.