Grounds for Denial, Revocation or Suspension of Appointment and Commission

The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of a notary public for specific reasons. These reasons include but are not limited to: a substantial misstatement or omission in the application; conviction of a felony or a disqualifying criminal conviction; failure to furnish the Secretary of State with certified copies of the notary public journal when requested to do so or to provide information relating to official acts performed by the notary public; charging more than the fee prescribed by law; failure to complete the acknowledgment at the time the notary public's seal and signature are attached to the document; executing a false certificate; failure to submit to the Secretary of State any court ordered money judgment, including restitution; failure to secure the sequential journal or the official seal; illegal advertising. (Government Code sections 8205, 8214.1, 8219.5 and 8223)

In addition, the Secretary of State may deny the notary public application or suspend the notary public commission of a person who has not complied with child or family support obligations. (Family Code section 17520)

Prior to a revocation or suspension or after a denial of a commission, the person affected has a right to a hearing on the matter, except in the cases indicated in Government Code Section 8214.3. (Government Code section 8214.3)

In addition to the commissioning or disciplinary sanction, certain notary actions or inactions are punishable by civil penalty up to $10,000, depending on the circumstance. The following table details possible fines:

NOTARY FINE SCHEDULE

A Notary Could be fined up to $500 for:Willful failure to notify the Secretary of State of a name change.Willful failure to notify the Secretary of State of an address change.A Notary Could be fined up to $750 for:Charging more than the fees prescribed by law.Failure to complete the acknowledgment at the time the notary's signature and seal are affixed to the document.Failure to administer the oath or affirmation as required by matters incident to the duties of the office.Negligently failing to discharge fully and faithfully any of the duties or responsibilities required of a notary public.A Notary Could be fined up to $1500 for:The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law.Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another.Execution of any certificate as a notary public containing a statement known to the notary public to be false.Violating notary advertising laws or the laws relating to matters of immigration.Willful failure by a notary public to discharge fully and faithfully any of the duties or responsibilities of a notary public.A Notary Could be fined up to $2500 for:Willful failure of the notary public to provide a peace officer with a journal when requested.Failing to obtain a thumbprint as required by Government Code section 8206.A Notary Could be fined up to $10,000 for:Completing an acknowledgment known to be false.Failure to obtain satisfactory evidence when verifying identity pursuant to Civil Code section 1185.
If the Secretary of State has determined that a notary public has committed or omitted acts constituting grounds for suspension or revocation of the notary's commission, the resignation or expiration of the notary's commission does not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary action. (Government Code section 8214.4)

In addition to fines and action by the Secretary of State, it should be noted that failure to properly discharge the duties of the office of notary public may carry much more severe consequences. For example, a notary who performs any notarial act in relation to a deed of trust on real property consisting of a single-family dwelling with knowledge that the deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony. (Government Code section 8214.2) Felony crimes are punishable by imprisonment.

For a comprehensive listing of disciplinary actions that may be taken against a notary public, written disciplinary guidelines are available on the Secretary of State's web site or can be mailed from their office to you upon request. The Guidelines serve to facilitate due process, enforce consistency in reviewing applications, investigating alleged violations and implementing administrative actions. (Government Code section 8220)