51-123. GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC. (1) The secretary of state may deny, 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:
(a) Failure to comply with the provisions of this chapter;
(b) A 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 applicant or notary public 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 required of a notary public, whether by this chapter, rules of the secretary of state or any federal or state law;
(f) 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;
(g) Violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) Denial, revocation, suspension of, or placing a condition on a notary public commission in another state; or
(i) Failure of the notary public to maintain an assurance as provided in section 51-121, Idaho Code.
(2) If the secretary of state denies, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 52, title 67, Idaho Code.
(3) The authority of the secretary of state to deny, 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.
History:
[51-123, added 2017, ch. 192, sec. 3, p. 450; am. 2018, ch. 77, sec. 4, p. 176.]
Structure Idaho Code
Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018)
Section 51-103 - APPLICABILITY.
Section 51-104 - AUTHORITY TO PERFORM NOTARIAL ACT.
Section 51-105 - REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.
Section 51-106 - PERSONAL APPEARANCE REQUIRED.
Section 51-107 - IDENTIFICATION OF INDIVIDUAL.
Section 51-108 - AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.
Section 51-109 - SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.
Section 51-110 - NOTARIAL ACT IN THIS STATE.
Section 51-111 - NOTARIAL ACT IN ANOTHER STATE.
Section 51-112 - NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE.
Section 51-113 - NOTARIAL ACT UNDER FEDERAL AUTHORITY.
Section 51-114 - FOREIGN NOTARIAL ACT.
Section 51-114A - NOTARIAL ACT PERFORMED BY REMOTELY LOCATED INDIVIDUAL.
Section 51-115 - CERTIFICATE OF NOTARIAL ACT.
Section 51-116 - SHORT FORM CERTIFICATES.
Section 51-116A - ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY.
Section 51-117 - OFFICIAL STAMP.
Section 51-118 - STAMPING DEVICE.
Section 51-122 - COURSE OF STUDY.
Section 51-123 - GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC.
Section 51-124 - DATABASE OF NOTARIES PUBLIC.
Section 51-125 - PROHIBITED ACTS.
Section 51-126 - VALIDITY OF NOTARIAL ACTS.
Section 51-128 - NOTARY PUBLIC COMMISSION IN EFFECT.
Section 51-129 - SAVINGS CLAUSE.
Section 51-130 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 51-131 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.