Sec 41-368. Grounds for refusal, suspension or revocation of commission

A. The secretary of state may refuse to appoint any person as an electronic notary public or may suspend or revoke the commission of any electronic notary public for any of the following reasons:

1. Substantial and material misstatement or omission in the application for an electronic notary public commission that is submitted to the secretary of state.

2. Conviction of a felony unless restored to civil rights, or of a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of an electronic notary public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this paragraph.

3. Revocation, suspension, restriction or denial of a professional license if that action was for misconduct, dishonesty or any cause that substantially relates to the duties or responsibilities of an electronic notary public.

4. Failure to discharge fully and faithfully any of the duties or responsibilities required of an electronic notary public.

5. The use of false or misleading advertising in which the electronic notary public has represented that the electronic notary public has duties, rights or privileges that the electronic notary public does not possess by law.

6. Charging more than the fees authorized by statute or rule.

7. The commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the electronic notary public or another person or to substantially injure another person.

8. Failure to complete the electronic acknowledgment or electronic jurat at the time the electronic notary's signature and seal are affixed to the document.

9. Failure to administer the oath or affirmation required at the time of performing an electronic jurat for an individual.

10. Execution of any electronic notarial certificate by the electronic notary public containing a statement known by the electronic notary public to be false.

11. The return for insufficient funds or any other reason for nonpayment of a check issued for fees to the secretary of state.

12. Notarizing a document that does not contain a notarial certificate.

B. If an application is denied, the secretary of state shall notify the applicant within thirty days after receipt of the application and shall state the reasons for the denial.

C. The secretary of state may suspend the commission of an electronic notary for at least thirty days and for not more than one hundred eighty days.

D. If a person has had an electronic notary commission in this state revoked, the secretary of state may refuse to appoint the person as an electronic notary for four years after the date of the revocation.

E. On revocation or suspension of an electronic notary public's commission, the secretary of state shall give notice to the electronic notary public and shall provide the person with notice of the opportunity for a hearing on the revocation or suspension pursuant to chapter 6, article 10 of this title. The revocation or suspension of an electronic notary public commission is an appealable agency action.