A. The governor may revoke the commission of any notary public who:
(1) submits an application for appointment as a notary public that contains a false statement;
(2) is or has pleaded guilty or nolo contendere to a felony or been convicted of a felony or of a misdemeanor arising out of a notarial act performed by him;
(3) engages in the unauthorized practice of law;
(4) ceases to be a New Mexico resident; or
(5) commits a malfeasance in office.
B. A commission may be revoked pursuant to the provisions of this section only if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal.
C. Resignation or expiration of a commission does not terminate or preclude an investigation into the notary public's conduct by the governor or by the attorney general, a district attorney or any law enforcement agency of this state, who may pursue the investigation to a conclusion, whereupon it shall be made a matter of public record whether or not the finding would have been grounds for revocation.
D. In lieu of revocation, the governor may deliver a written official warning to cease misconduct to any notary public whose actions are judged to be official misconduct.
History: Laws 2003, ch. 286, § 26.
Effective dates. — Laws 2003, ch. 286, § 28 Laws 2003, ch. 286, § 26 effective July 1, 2003.
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