Section 486.385

Title XXXII COURTS

Chapter 486

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  486.385.  Grounds for revocation of commission. — 1.  The secretary of state may reject an application or revoke the commission of any notary public who prior to being commissioned or during the current term of appointment:

  (1)  Submits an application for commission and appointment as a notary public which contains substantial and material misstatement of facts;

  (2)  Is convicted of any felony or official misconduct under this chapter;

  (3)  Fails to exercise the powers or perform the duties of a notary public in accordance with this chapter, or fails otherwise to comply with the provisions of this chapter;

  (4)  Is adjudged liable or agrees in a settlement to pay damages in any suit grounded in fraud, misrepresentation, impersonation, or violation of the state regulatory laws of this state, if his or her liability is not solely by virtue of his or her agency or employment relationship with another who engaged in the act for which the suit was brought;

  (5)  Uses false or misleading advertising wherein he or she represents or implies, by virtue of the title of notary public, that he or she has qualifications, powers, duties, rights, or privileges that he or she does not possess by law;

  (6)  Engages in the unauthorized practice of law;

  (7)  Ceases to be a citizen of the United States;

  (8)  Ceases to be a registered voter of the county within and for which he or she is commissioned;

  (9)  Ceases to have a residence address in the county within and for which he or she is commissioned, unless he or she has been issued an amended commission;

  (10)  Becomes incapable of reading or writing the English language;

  (11)  Fails to maintain the surety bond required by section 486.235.

  2.  A notary's commission may be revoked under the provisions of this section if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal.  The secretary of state shall have further power and authority as is reasonably necessary to enable the secretary of state to administer this chapter efficiently and to perform the duties therein imposed upon the secretary of state, including immediate suspension of a notary upon written notice sent by certified mail if the situation is deemed to have a serious unlawful effect on the general public; provided, that the notary public shall be entitled to hearing and adjudication as soon thereafter as is practicable.

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(L. 1977 H.B. 513 § 39, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)