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.
[13:39:1864; B § 342; BH § 2247; C § 2414; RL § 2756; NCL § 4726]—(NRS A 1985, 1208; 1995, 194; 1997, 937; 2011, 1612; 2013, 1200; 2015, 932)
Structure Nevada Revised Statutes
Chapter 240 - Notaries Public and Commissioned Abstracters
NRS 240.002 - "Acknowledgment" defined.
NRS 240.0025 - "Credible witness" defined.
NRS 240.0028 - "Domestic partners" defined.
NRS 240.003 - "In a representative capacity" defined.
NRS 240.0035 - "Jurat" defined.
NRS 240.004 - "Notarial act" defined.
NRS 240.005 - "Notarial officer" defined.
NRS 240.0055 - "Notarial record" defined.
NRS 240.0063 - "Notary public" defined.
NRS 240.0065 - "Person" defined.
NRS 240.0067 - "State" defined.
NRS 240.015 - General qualifications; conditions for appointment of resident of adjoining state.
NRS 240.017 - Regulations of Secretary of State.
NRS 240.020 - Powers limited to areas within this State; term of office.
NRS 240.031 - Annual submission of copy of business license by resident of adjoining state.
NRS 240.045 - Replacement of lost or inoperable stamp; prerequisite to production of stamp.
NRS 240.051 - Actions required upon resignation or death of notary public.
NRS 240.060 - Powers of notary public.
NRS 240.061 - Performance of authorized notarial acts; restricted notarial acts.
NRS 240.062 - Personal knowledge of identity.
NRS 240.065 - Restrictions on powers of notary public; exceptions.
NRS 240.075 - Prohibited acts.
NRS 240.110 - Posting of table of fees.
NRS 240.130 - Only authorized fees to be charged.
NRS 240.143 - Unlawful possession of certain personal property of notary public.
NRS 240.145 - Unlawful reproduction or use of completed notarial certificate; penalty.
NRS 240.147 - Unlawful destruction, defacement or concealment of notarial record.
NRS 240.161 - Short title; uniformity of application and construction.
NRS 240.1635 - Notarial acts in this State.
NRS 240.164 - Notarial acts in other jurisdictions of United States.
NRS 240.1645 - Notarial acts under federal authority.
NRS 240.165 - Foreign notarial acts.
NRS 240.166 - Short form for acknowledgment in individual capacity.
NRS 240.1663 - Short form for administering oath or affirmation of office.
NRS 240.1665 - Short form for acknowledgment in representative capacity.
NRS 240.1667 - Short form for acknowledgment containing power of attorney.
NRS 240.167 - Short form for execution of jurat.
NRS 240.168 - Short form for certifying copy of document.
NRS 240.1685 - Short form for jurat of subscribing witness.
NRS 240.169 - Short form for acknowledgment of credible witness.
NRS 240.175 - Criminal penalties.
NRS 240.1821 - "Audio-video communication" defined.
NRS 240.1823 - "Credential" defined.
NRS 240.1825 - "Dynamic knowledge-based authentication assessment" defined.
NRS 240.183 - "Electronic" defined.
NRS 240.184 - "Electronic document" defined.
NRS 240.185 - "Electronic notarial act" defined.
NRS 240.186 - "Electronic notary public" defined.
NRS 240.187 - "Electronic seal" defined.
NRS 240.188 - "Electronic signature" defined.
NRS 240.1882 - "In the presence of" or "appear before" defined.
NRS 240.191 - Unlawful acts; injunctive relief.
NRS 240.192 - Registration; oath and bond; fee; electronic notary public.
NRS 240.1943 - Course of study for registration.
NRS 240.196 - Powers of electronic notary public.
NRS 240.199 - Evidence of electronic notarial act; electronic document to be tamper-evident.
NRS 240.19902 - Short form for certifying copy of electronic document.
NRS 240.1991 - Requirements for use of audio-video communication: Technology.
NRS 240.1993 - Requirements for use of audio-video communication: Location.
NRS 240.1997 - Electronic notarial acts using audio-video communication: Confirmation of identity.
NRS 240.1999 - Recording certain electronic documents relating to real property.
NRS 240.240 - Creation of office.
NRS 240.250 - Appointment and commission.
NRS 240.270 - Fee for commission; oath and bond.
NRS 240.290 - Acts may be performed anywhere in State.