A. The state ethics commission may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:
(1) failure to comply with the Revised Uniform Law on Notarial Acts;
(2) a fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the state ethics commission;
(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit during the term of the notary public’s commission or during the five years immediately preceding such term;
(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 the provisions of the Revised Uniform Law on Notarial Acts, rules of 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 of Section 20 [14-14A-20 NMSA 1978] of the Revised Uniform Law on Notarial Acts; or
(10) if the individual ceases to be a resident of this state or ceases to be employed in this state.
B. The secretary of state may deny or refuse to renew an applicant upon notice from the state ethics commission of adverse action upon a notary public.
C. The authority of the state ethics commission 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.
History: Laws 2021, ch. 21, § 22.
ANNOTATIONS
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 22 effective January 1, 2022.
Applicability. — Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.