Section 433-6-007 - ALLEGED MALFEASANCE AGAINST NOTARIES PUBLIC007.01 In investigating an alleged malfeasance by a Notary Public, the Secretary must consider the totality of the offense, facts, and circumstances in each individual case.007.02 Factors Considered.007.02(A) While evaluating an alleged malfeasance to determine if it should be set for hearing or recommend to a stipulation process, the Secretary may consider a variety of factors, including, but not limited to, the following: 007.02(A)(1) Nature and severity of the act, offense, or crime under consideration;007.02(A)(2) Number and/or variety of current violations;007.02(A)(3) Evidence pertaining to the requisite honesty, credibility, truthfulness, and integrity of the Notary Public;007.02(A)(4) Actual or potential harm to the general public, group, individual, or customer;007.02(A)(5) History of complaints received by the Secretary; and007.02(A)(6) Prior disciplinary record or warning from the Secretary.007.03 Discipline. 007.03(A) Stipulations are a voluntary agreement between the Secretary and Notary Public. A stipulation will be sought in lieu of setting a hearing to simplify the discipline process and provide cost savings to the Secretary.007.03(A)(1) Stipulations will include the following: (ii) acknowledgment of malfeasance, and 007.03(A)(2) Stipulations must be in writing and signed by the Secretary and Notary Public.007.03(B) Total Revocation means the Notary Public commission is revoked and cannot ever be reinstated. 007.03(B)(1) The following, nonexclusive list of acts of malfeasance will likely result in the total revocation of a Notary Public commission:007.03(B)(1)(a) The signor was not in the physical presence of the Notary Public at the time of the Notarial act;007.03(B)(1)(b) The signor was not personally known to the Notary Public or identified by the Notary Public through satisfactory evidence during the Notarial act;007.03(B)(1)(c) A Notary Public engaged in the unauthorized practice of law. This would include using the term "notary public" or any non-English equivalent term in a manner which misrepresents the authority of the Notary Public;007.03(B)(1)(d) A Notary Public permitting another person to use the Notary Public's official seal or official seal embosser;007.03(B)(1)(e) A Notary Public being convicted of a felony or crime involving fraud or dishonesty while commissioned; and007.03(B)(1)(f) A Notary Public fails to respond to written communications or requests from the Secretary within thirty (30) days from the date the written communication or request was sent.007.03(B)(2) If revoked the Notary Public commission and seal must be returned to the Secretary's office,007.03(C) Temporary Revocation means a revocation of the Notary Public commission for as little as one month or as long as 4 years.007.03(C)(1) The following, nonexclusive list of acts of malfeasance will likely result in the temporary revocation of a Notary Public commission: 007.03(C)(1)(a) Notarizing a document in which the Notary Public has a personal interest;007.03(C)(1)(b) A Notary Public making a materially false statement on the application; and007.03(C)(1)(c) Failure of the Notary Public to maintain the required bond.007.03(C)(2) During the revocation the Notary commission and seal must be returned to the Secretary's office.007.03(D) An Admonishment will be issued to a Notary Public and notated in his or her paper and electronic file when the Secretary feels that the alleged malfeasance rises to the level of warning but not revocation.007.03(D)(1) The following, nonexclusive list of acts of malfeasance will likely result in an official warning to the Notary Public: 007.03(D)(1)(a) A Notary Public overlooks changing the County or State of the Notarial document; and 007.03(D)(1)(b) A Notary Public Notarizes a document with blanks.007.03(D)(2) An official admonishment will not hinder the Notary Public from performing his or her duties. Citation: Neb. Rev. Stat, §§ 64-105, 64-105.01, and 64-113.
433 Neb. Admin. Code, ch. 6, § 007
Amended effective 3/30/2020Amended effective 6/10/2020Amended effective 6/27/2021