Louisiana § RS 35:15 - Revocation or suspension of notarial commission or authority to exercise notarial powers

§ RS 35:15. Revocation or suspension of notarial commission or authority to exercise notarial powers

            A. A notary public who is not an attorney may have his notarial commission and powers revoked or suspended when it is demonstrated, by clear and convincing evidence after a rule to show cause, that the notary has engaged in any of the following:

            (1) Dishonesty, fraud, deceit, or misrepresentation.

            (2) A felony for which he has been convicted and no pardon has been issued.

            (3) Gross misconduct or malfeasance in the exercise of his notarial powers.

            (4) Officially certifying as true what he knew or should have known was false.

            (5) Violation of any provision of this Title, or any other law governing the office of notary public or the exercise of any notarial power or duty.

            (6) Ceasing to possess any qualification required for holding his commission as a notary public.

            (7) Abandonment of his commission.

            B. The rule to show cause shall be instituted by the district attorney or the attorney general in the district court of either the parish in which the notary is commissioned or the parish where the conduct complained of occurred. Such rule to show cause shall be tried in summary proceeding.

            C.(1) If after a hearing the court finds that the notary public was convicted of a felony for which no pardon has been issued, or engaged in an act of gross misconduct or malfeasance in the exercise of his notarial powers, or ceased to possess any qualification required for holding his commission, the court shall order the revocation of the notary's commission and shall prohibit the notary from the further exercise of notarial powers.

            (2) If after a hearing the court finds that the notary public committed any other act set forth in Subsection A of this Section, the court may revoke the notary's commission and prohibit the notary from further exercise of notarial powers, or may suspend his commission and authority to exercise notarial powers for a specific period of time, to be determined by the court.

            D. A court ordering the revocation of a notary's commission or the suspension of his notarial powers shall further cast the notary in judgment for attorney fees and court costs. The court may additionally order restitution to be paid by the notary public to such persons as the court determines were damaged by the conduct giving rise to the suspension of notarial powers or the revocation of commission.

            E. When the rule to show cause is instituted against a person for his actions as an ex-officio notary public, or for his performance of notarial powers on behalf of an employer as authorized by law, then the person appointing the ex-officio notary or the person's employer, as applicable, shall also be named as a defendant and required to show cause why the notarial powers or commission should not be revoked. Any additional defendant named pursuant to this Subsection shall not be cast in judgment for attorney fees, costs, or restitution.

            F. The provisions of this Section shall not apply to an attorney licensed to practice law in this state who exercises notarial powers.

            Acts 2012, No. 279, §1; Acts 2016, No. 116, §1.