TITLE 42
State Affairs and Government

CHAPTER 42-30.1
Uniform Law on Notarial Acts [Effective January 1, 2019]

SECTION 42-30.1-16


§ 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. [Effective January 1, 2019.]

(a) The commissioning officer may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including without limitation:

(1) Failure to comply with this chapter;

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the commissioning officer and/or agency;

(3) A conviction of the applicant or notary public of any crime that involves fraud, dishonesty, or deceit; provided that in determining whether to deny, refuse to renew, revoke, suspend, or condition the commission, the commissioning officer shall consider such factors as the seriousness of the crime; whether the crime relates directly to the training and skills needed for the commission of a notary public; how much time has elapsed since the crime was committed; and the applicant's actions and conduct since the crime was committed;

(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) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;

(6) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or

(7) Termination or revocation of a certificate of admission to the Rhode Island bar or a certificate of public accountancy.

(b) If the commissioning officer denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 35 of this title.

(c) The authority of the commissioning officer 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 of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)