§ 53-5a24 — Grounds to deny, refuse to renew, revoke, suspend or impose a condition on a commission of notary public

Kansas § 53-5a24

• Jurisdiction: Kansas
• Ch. 53: NOTARIAL ACTS
• Art. 5a: REVISED UNIFORM LAW ON NOTARIAL ACTS

Text

(a) The secretary of state may deny, refuse to renew, 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:
(1) Failure to comply with this act;
(2) a fraudulent, dishonest, deceitful, misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;
(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit, including entering into a diversion agreement in lieu of further criminal proceedings for such crime;
(4) 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;
(5) failure by the notary public to discharge any duty required of a notary public, whether by this act, rules and regulations of the secretary of state or any federal or state law;
(6) 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;
(7) violation by the notary public of a rule and regulation of the secretary of state regarding a notary public;
(8) denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;
(9) failure of the notary public to maintain an assurance as provided in K.S.A. 2024 Supp. 53-5a22(d), and amendments thereto;
(10) denial, revocation or suspension of a professional license, if such denial, revocation or suspension was for fraud, dishonesty, deceit or any cause substantially relating to the duties or responsibilities of a notary public;
(11) cessation of United States citizenship;
(12) incapacitation to such a degree that the person is incapable of reading or writing the English language;
(13) violation of K.S.A. 2024 Supp. 53-5a25(b), (c) or (d), and amendments thereto; or
(14) violation of K.S.A. 2024 Supp. 53-5a25(a), (e), (f), (g) or (h), and amendments thereto.
(b) An individual whose commission as a notary public has been revoked for a reason described in subsections (a)(1) through (a)(13) may not apply for a new commission until the expiration of four years from the date of such revocation. An individual whose commission as a notary public has been revoked for the reason described in subsection (a)(14) may not apply for or receive a new commission for such individual's lifetime.
(c) 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.
(d) This section shall take effect on and after January 1, 2022.

Legislative History

L. 2021, ch. 64, § 24; July 1.