Sec. 1. (a) The secretary of state may do any of the following with respect to a commission under IC 33-42-12:
(1) Deny the commission.
(2) Refuse a subsequent commission.
(3) Revoke the commission.
(4) Suspend the commission.
(5) Impose a condition on the commission.
(b) The secretary of state may investigate any violation of this chapter by a notary public.
(c) An action described in subsection (a) may be taken against any notary public for any act or omission that demonstrates a deficiency in competence, honesty, integrity, or reliability, including the following:
(1) Any failure to comply with this article or rules adopted under this article.
(2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission as a notary public.
(3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud.
(4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud.
(5) Any failure to discharge any duty required of a notary public.
(6) Any use of false or misleading advertisements.
(7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have.
(8) Any of the following with respect to a commission as a notary public in another state:
(A) Denial of the commission.
(B) Refusal of a subsequent commission.
(C) Revocation of the commission.
(D) Suspension of the commission.
(E) Imposition of a condition on the commission.
(9) Any violation of a rule or requirement that:
(A) pertains to a notary public; and
(B) is required by the secretary of state.
(10) Any failure to maintain an assurance as described in IC 33-42-12.
(d) If the secretary of state acts under subsection (a) on an applicant or notary public's commission, the affected party is entitled to timely notice and a hearing as described in IC 4-21.5.
(e) The secretary of state's decision to discipline an applicant or notary public as described in this section does not prevent a person from pursuing any civil or criminal cause of action against the offending applicant or notary public.
As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.57; P.L.182-2018, SEC.4.
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