(a) As set forth in 57 Pa.C.S. § 323(a) (relating to sanctions), the department may deny, refuse to renew, revoke, suspend, reprimand or impose a condition on a commission as a notary public for an act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notary public. These acts or omissions include all of the following:
- (1) Notarizing the individual’s own signature or statement.
- (2) Notarizing a spouse’s signature or statement, when the notary public or the spouse has a direct or pecuniary interest in the record.
- (3) Affixing to or logically associating the notary public’s official stamp or signature with a record or notarial certificate before the notarial act has been performed.
- (4) Postdating or predating notarial acts.
- (5) Altering a record after it has been notarized. This includes altering the notarial certificate for a purpose other than to correct a ministerial error.
- (6) Altering, inserting or deleting journal entries other than to correct a clerical error.
- (7) Retaining a customer’s record or identification credential or retaining a copy of a customer’s record or identification credential, unless permitted by law.
- (8) Issuing to the order of the Commonwealth, the department, a recorder of deeds or a prothonotary a personal check without sufficient funds on deposit in payment of any application, recording or registration required by the act.
- (9) Performing a notarial act within this Commonwealth when the person was not commissioned as a notary public or was otherwise not authorized to perform a notarial act.
- (10) Performing a notarial act in another state under the authority of the notary public’s commission in this Commonwealth.
- (11) Making a representation that the notary public has powers, qualifications, rights or privileges that the notary public does not have.
- (12) Use of the term ‘‘notario,’’ ‘‘notario publico,’’ ‘‘notario publica’’ or any non-English equivalent term in a manner which misrepresents the authority of the notary public.
- (13) Engaging in the unauthorized practice of any regulated profession, including the practice of law.
- (14) Using the notary public’s title or official stamp for a purpose other than to perform a notarial act.
- (15) Failure to require the personal appearance through physical presence of an individual making a statement in or executing a signature on a tangible record or with respect to an electronic record.
- (16) Failure to require the personal appearance of a remotely located individual when using communication technology to perform notarial acts.
- (17) Failure to have personal knowledge or satisfactory evidence of the identity of an individual appearing before the notary public.
- (18) Executing a notarial certificate that contains a statement known to the notary public to be false.
- (19) Placing the official stamp over any signature in the record to be notarized or over any writing in a notarial certificate.
- (20) Permitting any other person to use the notary public’s official stamp or stamping device to perform a notarial act or for any other purpose.
- (21) Using another notary public’s stamping device or non-inking embosser to perform a notarial act.
- (22) Violating a disciplinary order of the department.
- (23) Issuance of a certificate of dishonor of a negotiable instrument, also known as a protest of commercial paper as defined in 13 Pa.C.S. § 3505(b) (relating to evidence of dishonor), that was owned or held for collection by a financial institution, trust company or investment company when the notary public was a party to the commercial paper in an individual capacity.
- (24) Issuance of a certificate of dishonor of a negotiable instrument, also known as a protest of commercial paper as defined in 13 Pa.C.S. § 3505(b), of a noncommercial or other record that does not fit the definition of negotiable instrument as defined in 13 Pa.C.S. § 3104 (relating to negotiable instrument).
- (25) Issuance of a certificate of dishonor of a negotiable instrument, also known as a protest of commercial paper as defined in 13 Pa.C.S. § 3505(b), in a manner not in accordance with 13 Pa.C.S. § 3505.
(26) Submission of any of the following types of records to the department or Secretary of the Commonwealth in reply to correspondence from the department or other government agency or initiating proceedings:
- (i) Conditional acceptance, or a similar record purporting to conditionally accept presentment of an official record, and demanding proof of a list of claims to fully accept the official record.
- (ii) Affidavit in support of conditional acceptance, or a similar record purporting to attest to the facts of a record and signed by the same notary public who is attesting.
- (iii) Notice of dishonor, or a similar record purporting to give notice that a conditional acceptance has not been accepted by the government agency to which it was sent and thereby was dishonored.
- (iv) Accepted for value, or similar stamp or certificate purporting to accept for a disclosed or undisclosed value an official record sent to the notary public by the department, the Secretary of the Commonwealth or other governmental agency. The certificate claims to establish an amount of money payable or accrued to the signer of the certificate.
- (v) Notice of protest, or a similar record purporting to be a protest of commercial paper that has been dishonored, when the commercial paper is not, in fact, a negotiable instrument under 13 Pa.C.S. Division 3 (relating to negotiable instruments) and subject to the laws stated therein regarding dishonor and protest.
- (vi) Other records attempting to apply 13 Pa.C.S. Division 3 to non-negotiable instruments or other records not included in the scope of Division 3.
- (vii) Other record types purporting to follow the Uniform Commercial Code and not related to a filing under 13 Pa.C.S. Division 9 (relating to secured transactions).