Nevada § 240.150 - Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension

§ 240.150. Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension

1. For misconduct or neglect in a case in which a notary public appointed pursuant

to the authority of this State may act, either by the law of this State or of another

state, territory or country, or by the law of nations, or by commercial usage, the

notary public is liable on his or her official bond to the parties injured thereby,

for all the damages sustained. 2. The employer of a notary public may be assessed a civil penalty by the Secretary

of State of not more than $2,000 for each violation specified in subsection 4 committed

by the notary public, and the employer is liable for any damages proximately caused

by the misconduct of the notary public, if: (a) The notary public was acting within the scope of his or her employment at the

time the notary public engaged in the misconduct; and (b) The employer of the notary public consented to the misconduct of the notary public. 3. The Secretary of State may refuse to appoint or may suspend or revoke the appointment

of a notary public who fails to provide to the Secretary of State, within a reasonable

time, information that the Secretary of State requests from the notary public in connection

with a complaint which alleges a violation of this chapter. 4. Except as otherwise provided in this chapter, for any willful violation or neglect

of duty or other violation of this chapter, or upon proof that a notary public has

been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere

to, a crime described in paragraph (c) of subsection 2 of NRS 240.010 : (a) The appointment of the notary public may be suspended for a period determined

by the Secretary of State, but not exceeding the time remaining on the appointment; (b) The appointment of the notary public may be revoked after a hearing; or (c) The notary public may be assessed a civil penalty of not more than $2,000 for

each violation. 5. If the Secretary of State revokes or suspends the appointment of a notary public

pursuant to this section, the Secretary of State shall: (a) Notify the notary public in writing of the revocation or suspension; (b) Cause notice of the revocation or suspension to be published on the website of

the Secretary of State; and (c) If a county clerk has issued a certificate of permission to perform marriages

to the notary public pursuant to NRS 122.064 , notify the county clerk of the revocation or suspension. 6. Except as otherwise provided by law, the Secretary of State may assess the civil

penalty that is authorized pursuant to this section upon a notary public whose appointment

has expired if the notary public committed the violation that justifies the civil

penalty before his or her appointment expired. 7. The appointment of a notary public may be suspended or revoked by the Secretary

of State pending a hearing if the Secretary of State believes it is in the public

interest or is necessary to protect the public.