(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 article;
(2) A fraudulent, dishonest or 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;
(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 article, rules promulgated by 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 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 subsection (d), section twenty of this article;
(10) Charging more than the maximum fees specified in section thirty of this article; and
(11) Failure to notify the Secretary of State of an address or name change pursuant to subsection (b), section twenty-two of this article.
(b) If the Secretary of State denies, refuses to renew, 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 article five, chapter twenty-nine-a of this code.
(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.
Structure West Virginia Code
Chapter 39. Records and Papers
Article 4. Revised Uniform Law on Notarial Acts
§39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law
§39-4-4. Authority to Perform Notarial Act
§39-4-5. Requirements for Certain Notarial Acts
§39-4-6. Personal Appearance Required
§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid
§39-4-7. Identification of Individual
§39-4-8. Authority to Refuse to Perform Notarial Act
§39-4-9. Signature if Individual Is Unable to Sign
§39-4-10. Notarial Act in This State
§39-4-11. Notarial Act in Another State
§39-4-12. Notarial Act Under Authority of Federally Recognized Indian Tribe
§39-4-13. Notarial Act Under Federal Authority
§39-4-14. Foreign Notarial Act
§39-4-15. Certificate of Notarial Act
§39-4-16. Short Form Certificates
§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees
§39-4-22. Database of Notaries Public
§39-4-24. Validity of Notarial Acts
§39-4-26. Notary Public Commission and Commissioner Appointment in Effect
§39-4-28. Uniformity of Application and Construction
§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act
§39-4-31. Government Notaries Public
§39-4-32. Liability of Notary and of an Employer of Notary
§39-4-34. Action for Injunction; Unauthorized Practice of Law
§39-4-35. Administrative Complaints and Investigations
§39-4-36. Secretary of State Record Retention
§39-4-37. Remote Online Notarial Act Performed for Remotely Located Individual
§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual