§ 45-17-2-3 — Grant or denial of commission or recommission; grounds; unauthorized practice of law

Georgia § 45-17-2-3

• Jurisdiction: Georgia
• Title: 45

Text

(a) After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 45-17-2.1 , the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicant's submission of the necessary documents. (b) The clerk of superior court may in his or her discretion deny a commission or recommission to an applicant based on any of the following grounds: (1) The applicant's criminal history; (2) Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state; (3) The commission in this or any state of any act enumerated in subsection (a) of Code Section 45-17-15 , whether or not criminal penalties or commission suspension or revocation resulted; or (4) The applicant is found by the State Bar of Georgia, a court of this state, or a court of any other state to have engaged in the unauthorized practice of law. (c) Any applicant who is denied a notarial commission or recommission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury.

Legislative History

Amended by 2002 Ga. Laws 777, § 1, eff. 7/1/2002.