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Texas Government Code - GOV'T § 406.009. Rejection of Appointment;  Suspension or Revocation of Commission

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.

(b) An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.

(c) 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.

(d) In this section, “good cause” includes:

(1) a false statement knowingly made in an application;

(2) the failure to comply with Section 406.017;

(3) a final conviction for a violation of a law concerning the regulation of the conduct of notaries public in this or another state;

(4) 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;  or

(5) performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed.

(e) The following may not be considered a conviction for the purposes of determining eligibility and good cause:

(1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt;  and

(2) a finding of guilt that has been set aside.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 406.009. Rejection of Appointment;  Suspension or Revocation of Commission - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-406-009.html

Read this complete Texas Government Code - GOV'T § 406.009. Rejection of Appointment;  Suspension or Revocation of Commission on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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