§ 44-06.1-21 — Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public

North Dakota § 44-06.1-21

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-06.1: Revised Uniform Law on Notarial Acts

Text

commission of notary public.
1. The secretary of state may deny or refuse to renew a notary public commission, or
may revoke, suspend, or condition a notary public commission for any act or omission
that demonstrates an individual lacks the honesty, integrity, competence, or reliability
to act as a notary public, including:
a. Failure to comply with the requirements of this chapter;

b. 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 notary public or applicant 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 or responsibility required of a
notarial officer, whether by any provision in this chapter, any rules of the secretary
of state, or any federal or state law;
f. Use of false or misleading advertising or representations by the notary public
representing that the notary public has duties, rights, or privileges that a notary
public does not have;
g. Violation by the notary public of any rule of the secretary of state regarding a
notary public;
h. Denial, refusal to renew, revocation, suspension, or conditioning of a notary
public commission in another state; or
i. Failure of the notary public to maintain an assurance as provided in section
44-06.1-20.
2. If an applicant for a commission as a notary public is denied the commission or a
commission is revoked or suspended, the applicant or notary public is entitled to timely
notice and hearing in accordance with chapter 28-32. The notice may provide that the
person may not perform any notarial acts during the pendency of the revocation
proceeding. A notary whose commission is revoked may be denied a new commission
for a period of up to four years following the date of revocation.
3. The authority of the secretary of state to deny, suspend, refuse to renew, or revoke a
notary public's commission does not prevent the secretary of state or an aggrieved
person from seeking and obtaining other remedies provided by law, whether criminal
or civil.
4. A notary public who exercises the duties of a notary's office with knowledge that the
notary's commission has expired or has been revoked or that the notary is disqualified
otherwise or any other person who acts as a notary or performs a notarial act without a
lawful notary commission is guilty of an infraction, and, if appropriate, the notary's
commission must be revoked by the secretary of state using the procedure under
chapter 28-32.
5. The secretary of state may impose a lesser sanction for a violation of any provision of
this chapter if determined appropriate by the secretary of state under the pertinent
facts and circumstances. A lesser sanction includes imposition of a civil penalty not to
exceed five hundred dollars or a letter of reprimand. Any civil penalty collected by the
secretary of state must be deposited in the secretary of state's general services
operating fund.
6. Any person may file a complaint with the secretary of state seeking denial, revocation,
or suspension of a commission issued or to be issued by the secretary of state. The
secretary of state shall provide a complaint form. The complainant shall use that form
and the form must be verified under oath by the complainant or duly authorized officer
of the complainant. If the secretary of state determines that a complaint alleges facts
that, if true, would require denial, revocation, or suspension of a commission, the
secretary of state shall initiate a hearing without undue delay. If the secretary of state
determines a complaint does not state facts warranting a hearing, the secretary of
state may dismiss the complaint. The secretary of state may initiate a hearing for
denial, revocation, or suspension of a commission on the secretary of state's own
motion.
7. Any person whose commission has been revoked or suspended may apply to the
secretary of state for reinstatement of the commission or termination of the
suspension.