Michigan Laws 55.300a – Penalties; evidence; notice and hearing; revocation of commission; fine
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(1) An applicant for an appointment or a commissioned notary public who has engaged in conduct prohibited by this act, a rule promulgated under this act, or an order issued under this act is subject to 1 or more of the following penalties, in addition to any criminal penalties otherwise imposed:
(a) Suspension or revocation of his or her certificate of appointment.
Terms Used In Michigan Laws 55.300a
- Acknowledgment: means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the record with the proper authority and signed it as the act of the person identified in the record. See Michigan Laws 55.263
- Cancellation: means the nullification of a notary public commission due to an error or defect or because the notary public is no longer entitled to the commission. See Michigan Laws 55.263
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of state. See Michigan Laws 55.263
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Notarial act: means any of the following:
(i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act. See Michigan Laws 55.265Official misconduct: means 1 or more of the following:
(i) The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless, or injurious. See Michigan Laws 55.265Person: means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 55.265 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 55.265 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocation: means the termination of a notary public's commission to perform notarial acts. See Michigan Laws 55.265 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecretary: means the secretary of state or his or her designee. See Michigan Laws 55.267 Signature: means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopted, or made by the individual with the intent to sign the record. See Michigan Laws 55.267 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 55.267 Suspension: means the temporary withdrawal of the notary public's commission to perform notarial acts during the period of the suspension. See Michigan Laws 55.267
(b) Denial of an application for appointment.
(c) A civil fine paid to the department in an amount not to exceed $1,000.00.
(d) A requirement to take the affirmative action determined necessary by the secretary, including payment of restitution to an injured person.
(e) A letter of censure.
(f) A requirement to reimburse the secretary for the costs of the investigation.
(2) The secretary may impose 1 or more of the penalties listed in subsection (1) upon presentation to the secretary of satisfactory evidence that the applicant for an appointment or a commissioned notary public has done 1 or more of the following:
(a) Violated this act, a rule promulgated under this act, or an order issued under this act or assisted others in the violation of this act, a rule promulgated under this act, or an order issued under this act.
(b) Committed an act of official misconduct, dishonesty, fraud, deceit, or of any cause substantially relating to the duties or responsibilities of a notary public or the character or public trust necessary to be a notary public.
(c) Failed to perform his or her notary public duties in accordance with this act, a rule promulgated under this act, or an order issued under this act.
(d) Failed to fully and faithfully discharge a duty or responsibility required of a notary public.
(e) Been found liable in a court of competent jurisdiction for damages in an action grounded in fraud, misrepresentation, or violation of this act.
(f) Represented, implied, or used false or misleading advertising that he or she has duties, rights, or privileges that he or she does not possess by law.
(g) Charged a fee for a notarial act that was more than is allowed under this act.
(h) Failed to complete the notary public’s acknowledgment at the time the notary public signed or affixed his or her signature or seal to a record.
(i) Failed to administer an oath or affirmation as required by law.
(j) Engaged in the unauthorized practice of law as determined by a court of competent jurisdiction.
(k) Ceased to maintain his or her residence or principal place of business in this state.
(l) Lacks adequate ability to read and write English.
(m) Hindered or refused a request by the secretary for notary public records or papers.
(n) Engaged in a method, act, or practice that is unfair or deceptive including the making of an untrue statement of a material fact relating to a duty or responsibility of a notary public.
(o) Violated a condition of probation imposed under subsection (1).
(p) Permitted an unlawful use of a notary public’s seal.
(q) Failed to maintain good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47.
(3) Before the secretary takes any action under subsection (2), the person affected shall be given notice and an opportunity for a hearing.
(4) If a person holding office as a notary public is sentenced to a term of imprisonment in a state correctional facility or jail in this or any other state or in a federal correctional facility, that person’s commission as a notary public is revoked automatically on the day on which the person begins serving the sentence in the jail or correctional facility. If a person’s commission as a notary public is revoked because the person begins serving a term of imprisonment and that person performs or attempts to perform a notarial act while imprisoned, that person is not eligible to receive a commission as a notary public for at least 10 years after the person completes his or her term of imprisonment.
(5) Cancellation of a commission is without prejudice to reapplication at any time. A person whose commission is revoked is ineligible for the issuance of a new commission for at least 5 years.
(6) A fine imposed under this act that remains unpaid for more than 180 days may be referred to the department of treasury for collection. The department of treasury may collect the fine by deducting the amount owed from a payroll or tax refund warrant. The secretary may bring an action in a court of competent jurisdiction to recover the amount of a civil fine.