Section 5-11-39 - Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of commissionsIn addition to any other acts or conditions provided by law, the attorney general may refuse to renew, reinstate, or restore, or may revoke, suspend, or deny a commission of any applicant or notary public who violates any of the provisions of chapter 456, HRS, and this chapter, and may seek administrative fines for each occurrence or otherwise discipline a former or current notary public for any cause authorized by law, including but not limited to the following:
(1) Failing to meet and sustain the conditions and requirements necessary to maintain a commission;(2) Submitting an application for a new commission, renewed commission, restoration of a forfeited commission, or reinstatement of a suspended commission that contains a false statement, an omission of fact, or a substantial misstatement;(3) Failing to complete the processing of the notary public's commission by filing the notary public's commission with the clerk of the circuit court of the judicial circuit in which the notary public resides;(4) Failing to maintain a business or residence address in the State while practicing as a notary public in the State;(5) Being incapable of reading, writing, or speaking the English language with understanding;(6) Allowing the notary public's name or title to be used deceptively, fraudulently, or in false or misleading advertising, or making untruthful or improbable statements;(7) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;(8) Practicing as a notary public while the ability to practice is impaired by alcohol, drugs, or mental instability, or substantially impaired by physical disability;(9) Procuring a commission through fraud, misrepresentation, or deceit;(10) Professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of a notary public;(11) Failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity;(12) Engaging in business under a past or present commission issued pursuant to the notary public laws, in a manner causing injury to one or more members of the public;(13) Failure to comply with, observe, or adhere to any law in a manner such that the attorney general deems the holder of a notary public commission to be unfit or an improper person to hold a commission;(14) Revocation, suspension, restriction, or denial of a professional license or notary public commission if that action was for misconduct, dishonesty, or any cause that relates to the duties or responsibilities of a notary public;(15) Criminal conviction, whether by nolo contendere or otherwise, of any felony, or a misdemeanor related to the qualifications, functions, or duties of a notary public or involving theft, fraud, dishonesty, or false statement;(16) Failure to report in writing to the attorney general any disciplinary decision issued against the notary public or the applicant in this jurisdiction or another jurisdiction within thirty days of the disciplinary decision; and(17) Violating this chapter, the applicable laws governing notaries public, or any rule or order of the attorney general.[Eff MAY 05 2008] (Auth: HRS §§ 28-10.8, 456-8) (Imp: HRS § 456-1, 456-1)[Eff 5/5/08; com3/12/2015 ][Am and comp 2/27/2022] (Auth: HRS §§ 456-1.5, 456-23) (Imp: HRS § 456-24)