Key Takeaways
- The Attorney General may revoke, suspend, or deny a notary commission for violations
- Grounds include violating HRS Chapter 456, HAR Chapter 5-11, or rules
- False statements on applications are grounds for discipline
- Criminal convictions may result in commission revocation
- Failure to maintain eligibility requirements is grounds for discipline
Last updated: January 2026
Grounds for Discipline
Under HRS Section 456-1.5 and Hawaii Administrative Rules Section 5-11-39, the Attorney General has broad authority to discipline notaries for violations of law and professional standards.
Attorney General's Disciplinary Powers
The Attorney General may:
- Suspend a notary commission
- Revoke a notary commission
- Deny an application or renewal
- Refuse to reinstate a suspended commission
- Refuse to restore a forfeited commission
- Impose administrative fines
- Impose conditions on a commission
Grounds for Discipline
| Category | Examples |
|---|---|
| Statutory violations | Violating HRS Chapter 456 provisions |
| Rule violations | Violating HAR Chapter 5-11 |
| Application fraud | False statements or omissions on application |
| Criminal conduct | Conviction of disqualifying crimes |
| Eligibility loss | No longer meeting residency, citizenship requirements |
| Misconduct | Professional misconduct in notarial duties |
Specific Grounds (HAR 5-11-39)
The Attorney General may discipline a notary who:
Eligibility Issues
| Ground | Description |
|---|---|
| Failing to meet requirements | No longer qualifies under HRS 456-2 |
| False application | Submitted application with false statements or omissions |
| Failing to complete process | Did not file with Circuit Court properly |
Professional Misconduct
| Ground | Description |
|---|---|
| Improper notarization | Performing acts without proper procedures |
| Failure to identify | Notarizing without proper identification |
| Financial interest | Notarizing with disqualifying interest |
| Unauthorized practice of law | Giving legal advice |
| Fraud | Knowingly participating in fraudulent transactions |
Administrative Violations
| Ground | Description |
|---|---|
| Failure to maintain seal | Not having proper seal |
| Failure to maintain journal | Not keeping required records |
| Failure to comply with audit | Not responding to AG requests |
| Failure to surrender seal | Not returning seal upon commission end |
Criminal Convictions
Certain criminal convictions may result in automatic or discretionary discipline:
| Conviction Type | Consequence |
|---|---|
| Crimes involving dishonesty | Likely revocation |
| Fraud or forgery | Likely revocation |
| Drug offenses | May result in denial/revocation |
| Felony convictions | May result in denial/revocation |
| Notary-related crimes | Automatic revocation for some |
Process for Discipline
- Complaint or discovery - AG learns of potential violation
- Investigation - AG reviews evidence
- Notice - Notary receives notice of charges
- Opportunity to respond - Due process rights
- Decision - AG determines appropriate action
- Appeal - Notary may appeal decision
Reinstatement After Discipline
| Situation | Requirements |
|---|---|
| Suspended commission | Apply for reinstatement ($10 fee) |
| Revoked commission | May need to wait specified period |
| Forfeited commission | Apply for restoration ($10 fee) |
On the Exam
Key grounds for discipline:
- Violating statutes or rules
- False application statements
- Criminal convictions
- Failure to meet eligibility requirements
- Professional misconduct
Test Your Knowledge
What authority does the Hawaii Attorney General have over notary commissions?
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Test Your Knowledge
If a notary submits an application containing false statements, what can happen?
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D