A. The state ethics commission may revoke, suspend or impose a condition on a notarial officer for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notarial officer, including:

Terms Used In New Mexico Statutes 14-14A-22

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(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;

(3)     a conviction of the applicant or automatic notarial officer of any felony or a crime involving fraud, dishonesty or deceit during the preceding four years;

(4)     a finding against, or admission of liability by, the applicant or notarial officer in any legal proceeding or disciplinary action based on the applicant’s or notarial officer’s fraud, dishonesty or deceit;

(5)     failure by the notarial officer to discharge any duty required of a notarial officer, 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)     violation by the notarial officer of an obligation required of a notarial officer, whether by the provisions of the Revised Uniform Law on Notarial Acts, rules of the secretary of state or any federal or state law;

(7)     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;

(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 14-14A-20 N.M. Stat. Ann.; 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 an applicant or a notarial officer.

C. The authority of the state ethics commission to deny, refuse to renew, suspend, revoke or impose conditions on a notarial officer does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

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