Key Takeaways

  • The Secretary of State may deny, suspend, revoke, or condition a notary commission
  • Grounds include fraud, deceit, dishonesty, and lack of competence or integrity
  • Criminal convictions involving fraud or dishonesty are grounds for discipline
  • Failure to perform duties properly can result in action against your commission
  • Notaries have a right to a hearing before adverse action is finalized
Last updated: January 2026

Grounds for Discipline

The Secretary of State has authority to take action against notary commissions when notaries fail to meet their obligations or engage in misconduct.

Possible Disciplinary Actions

ActionDescription
DenialRefuse to issue commission to applicant
Non-RenewalRefuse to renew existing commission
SuspensionTemporarily bar from performing notarial acts
RevocationPermanently terminate commission
ConditionImpose requirements or limitations

General Grounds for Discipline

The Secretary of State may take action for any act or omission demonstrating that an individual lacks the:

  • Competence to act as a notary public
  • Reliability to act as a notary public
  • Integrity to act as a notary public

Specific Grounds for Discipline

Performance-Related Violations

GroundExample
Conflict of interestNotarizing when you benefit from transaction
Prohibited family notarizationNotarizing for spouse when they benefit
Failure to properly identifyNot verifying signer's identity
Improper notarizationCertificate errors, procedural failures
Failure to require appearanceNotarizing for absent signer

Character-Related Violations

GroundExample
FraudFalsifying notarial certificates
DeceitMisleading signers about notary role
DishonestyMaking false statements on application
Breach of dutyFailing to perform duties properly

Criminal Convictions

Conviction TypeConsequence
Felony (any)Grounds for denial/revocation
Crime involving fraudGrounds for denial/revocation
Crime involving dishonestyGrounds for denial/revocation
Crime involving deceitGrounds for denial/revocation

Advertising Violations

GroundExample
False advertisingClaiming powers you don't have
Misleading advertisingImplying you're an attorney
Unfair/deceptive practices"Notario" advertising
Material omissionsFailing to disclose required info

Due Process Rights

Notaries have rights when facing disciplinary action:

RightDescription
Written noticeMust be notified in writing of action taken
Reason statedMust be told the grounds for action
Right to hearingEntitled to hearing under Maine Administrative Procedure Act
AppealMay appeal adverse decisions

Hearing Process

  1. Notice - Secretary of State notifies notary of proposed action
  2. Grounds - Specific grounds for action are stated
  3. Request - Notary may request a hearing
  4. Hearing - Conducted under Administrative Procedure Act
  5. Decision - Final decision issued after hearing

Waiting Periods After Discipline

Prior ActionWaiting Period
Commission revoked for misconduct5 years before reapplying
Conviction of relevant crime10 years after release/probation
IncarcerationIneligible while incarcerated

Protecting Your Commission

Best Practices

PracticeBenefit
Follow all proceduresAvoid inadvertent violations
Maintain recordsEvidence of proper conduct
Stay current on lawKnow requirements and changes
When in doubt, declineBetter to refuse than err
Seek guidanceContact SOS with questions

Warning Signs of Trouble

Watch for these red flags and proceed carefully:

Warning SignAction
Signer refuses proper IDDecline notarization
Signer appears coercedDecline, contact authorities if needed
Document appears alteredDecline notarization
Signer doesn't understand documentSuggest attorney
Request to backdateAlways refuse

On the Exam

Key points:

  • Grounds: Lack of competence, reliability, or integrity
  • Actions: Denial, non-renewal, suspension, revocation, conditioning
  • Criminal convictions: Fraud, dishonesty trigger discipline
  • Due process: Right to notice and hearing
  • Waiting period: 5 years after revocation, 10 years after conviction
Test Your Knowledge

If the Secretary of State proposes to revoke your notary commission, what right do you have?

A
B
C
D
Test Your Knowledge

After having a notary commission revoked for official misconduct, how long must you wait before reapplying in Maine?

A
B
C
D
Test Your Knowledge

Which of the following could be grounds for disciplining a Maine notary?

A
B
C
D