Key Takeaways
- Official misconduct includes performance of prohibited acts or failure to perform required acts
- Negligent, illegal, or actions against public interest constitute misconduct
- The Secretary of State can issue warnings, reprimands, suspensions, or revocations
- Notaries are entitled to respond before disciplinary action is taken
- Misconduct can result in personal liability for damages
Last updated: January 2026
Official Misconduct
Definition
Under CGS Section 3-94a, "official misconduct" means:
| Type | Description |
|---|---|
| Type A | Performance of an act prohibited by general statutes |
| Type A | Failure to perform an act mandated by general statutes |
| Type B | Performance of a notarial act in a manner that is negligent, illegal, or against the public interest |
Examples of Official Misconduct
| Misconduct Category | Examples |
|---|---|
| Prohibited acts | Notarizing without signer present; self-notarization |
| Failure to act | Not taking oath of office; not recording commission |
| Negligent performance | Not verifying identity properly; careless certificate completion |
| Illegal actions | Knowingly notarizing false documents; charging excessive fees |
| Against public interest | Notarizing for incapacitated person; ignoring suspicious circumstances |
Disciplinary Actions
The Secretary of State is empowered to take the following actions for official misconduct:
| Disciplinary Action | Severity |
|---|---|
| Written warning | Least severe |
| Official reprimand | Formal criticism |
| Temporary suspension | Commission suspended for period |
| Permanent revocation | Commission permanently cancelled |
Due Process Rights
Before any disciplinary action is taken:
| Right | Protection |
|---|---|
| Notice | Notary is informed of charges/complaints |
| Opportunity to respond | Notary can present their side |
| Fair procedure | Follows Uniform Administrative Procedures Act |
| Hearing rights | CGS Sections 4-166 through 4-189 apply |
Grounds for Denial/Revocation
The Secretary of State may deny or revoke a commission for:
| Ground | Description |
|---|---|
| Felony conviction | Any felony offense |
| Moral turpitude | Crimes involving dishonesty |
| Previous revocation | Prior commission revoked |
| Notarial misconduct | Any official misconduct |
| Application fraud | Misrepresentation on application |
Test Your Knowledge
What is considered "official misconduct" under Connecticut law?
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