Colorado § 24-21-523 - Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

§ 24-21-523. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

(1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for:

(a) Failure to comply with this part 5;

(b) A substantial and material misstatement or omission of fact in the application for a commission as a notary public submitted to the secretary of state;

(c) Notwithstanding section 24-5-101, a conviction of the applicant or notary public of any felony or, in the prior five years, a misdemeanor involving dishonesty;

(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 part 5, 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, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state;

(i) A finding by a court of this state that the applicant or notary public has engaged in the unauthorized practice of law;

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

(k) Performance of any notarial act while not currently commissioned by the secretary of state.

(2) Whenever the secretary of state or the secretary of state's designee believes that a violation of this part 5 has occurred, the secretary of state or the secretary of state's designee may investigate the violation. The secretary of state or the secretary of state's designee may also investigate possible violations of this part 5 upon a signed complaint from any person. However, this section does not authorize the secretary of state or the secretary of state's designee to investigate a potential violation concerning an action taken by an interpreter during a notarial act.

(3) 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 timely notice and hearing in accordance with the "State Administrative Procedure Act", article 4 of this title 24.

(4) When a complaint or investigation results in a finding of misconduct that, in the secretary of state's discretion, does not warrant initiation of a disciplinary proceeding, the secretary of state may take nondisciplinary action. For the purposes of this subsection (4), nondisciplinary action includes the issuance of a letter of admonition, which may be placed in the notary public's file.

(5) 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.

(6) A person whose notary commission has been revoked pursuant to this part 5 may not apply for or receive a commission and appointment as a notary.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 802, § 2, effective July 1, 2018. L. 2023: (2) amended, (SB 23-153), ch. 212, p. 1100, § 5, effective September 1.