Effective 7-1-2018.
- (1) deny;
- (2) refuse to renew;
- (3) revoke;
- (4) suspend; or
(5) impose a condition upon;
a commission granted under IC 33-42-12 .
(b) An action described in subsection (a) may be taken against any notary public for any act or omission that demonstrates a deficiency in competence, honesty, integrity, or reliability. Additional acts that may result in one (1) or more sanctions are as follows:
- (1) Any failure to comply with the requirements of this article or rules adopted under this article.
- (2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission.
- (3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud.
- (4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud.
- (5) Any failure to discharge any duty required of a notary public.
- (6) Any use of false or misleading advertisements.
- (7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have.
- (8) Any denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.
(9) Any violation of a rule or requirement that:
- (A) pertains to a notary public; and
- (B) is required by the secretary of state.
- (10) Any failure to maintain an assurance as described in IC 33-42-12 .
- (c) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes a condition on an applicant or notary public's commission, the affected party is entitled to timely notice and a hearing as described in IC 4-21.5 .
- (d) The secretary of state's decision to discipline an applicant or notary public as described in this section does not prevent a person from pursuing any civil or criminal cause of action against the offending applicant or notary public.
Sec. 1. (a) The secretary of state may:
As added by P.L.128-2017, SEC.21.