Idaho § 51-123 - GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC

§ 51-123. GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC

(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.

(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.

[51-123, added 2017, ch. 192, sec. 3, p. 450; am. 2018, ch. 77, sec. 4, p. 176.]