Complaints, Discipline, Suspension, Revocation, and Penalties
Who oversees notaries
Any person may complain to the Secretary of State, which has authority to investigate a notary's conduct and to impose discipline. Separate civil suits by injured parties and criminal prosecutions for fraud or false certificates may proceed at the same time.
Common grounds for discipline
Fraud or dishonesty in a notarial act; notarizing without the signer present; failing to identify the signer; falsifying a certificate or date; misuse of the stamp; failing to maintain required records; failure to respond to the Secretary of State's inquiries; and conviction of a crime bearing on fitness to serve.
Typical process and outcomes
A complaint is filed → the Secretary of State investigates and may request records or an explanation → the notary is given notice and an opportunity to respond or appear → the Secretary of State issues a decision. Outcomes range from a warning or conditions, to suspension, to revocation or refusal to renew, along with civil penalties. A notary may also surrender the commission, but surrender does not necessarily end an investigation.
Criminal exposure
Impersonating a notary, using a false stamp, or making a false certificate can be prosecuted criminally in addition to any administrative sanction.
Traps
Assuming discipline requires proof of intent - negligent practice is enough. Assuming a complaint is confidential and irrelevant to renewal. Assuming a revoked notary may keep and display the stamp. Assuming that resigning ends the matter or shields the notary from civil liability.