Revocation or Suspension of Commission by the Secretary of State

Apostille

Tex. Gov't Code Ann. § 406.004 requires that if the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall:

  1. reject the application; or
  2. revoke the commission.

Tex. Gov't. Code Ann. § 406.009 gives the Secretary of State the authority to reject an application, or suspend or revoke the commission of any Notary Public for "good cause".

  1. The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.
  2. An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.
  3. An appeal under this section is to the district court of Travis County. The secretary of state has the burden of proof, and the trial is conducted de novo.
  4. in this section, "good cause" includes:
  • a false statement knowingly made in an application;
  • the failure to comply with Section 406.017;
  • a final conviction for a violation of law concerning the regulation of the conduct of notaries public in this or another state;
  • the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public;
  • performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time he notarization is executed.

Source: sos.state.tx

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