Key Takeaways
- Secretary of State may deny, suspend, revoke, or condition a commission
- Grounds include fraud, dishonesty, deceit, and failure to comply with laws
- Criminal convictions involving fraud must be reported within 30 days
- Commission suspension in another state is grounds for action in Montana
- Due process rights are protected under Montana Administrative Procedure Act
Last updated: January 2026
Grounds for Disciplinary Action
Under MCA 1-5-621, the Secretary of State has authority to take disciplinary action against notary commissions.
Types of Disciplinary Action
The Secretary of State may:
| Action | Description |
|---|---|
| Deny | Refuse to issue a new commission |
| Refuse to Renew | Decline renewal application |
| Revoke | Terminate current commission |
| Suspend | Temporarily halt commission |
| Condition | Add requirements or restrictions |
Grounds for Disciplinary Action
General Standard
The Secretary may act for any act or omission demonstrating the individual lacks:
- Honesty
- Integrity
- Competence
- Reliability
Specific Grounds
| Ground | Description |
|---|---|
| (a) Failure to comply | Not following Part 6 provisions |
| (b) Fraudulent application | Dishonest or deceitful statements in application |
| (c) Criminal conviction | Felony or crime involving fraud, dishonesty, deceit |
| (d) Admission or finding | Of fraud, dishonesty, or deceit |
| (e) Failure to perform duties | Not following laws, rules, or notary duties |
| (f) Misleading advertising | False claims about duties, rights, or privileges |
| (g) Rule violations | Breaking SOS rules regarding notaries |
| (h) Other state action | Commission denied/revoked/suspended in another state |
| (i) Bond failure | Not maintaining required surety bond |
Criminal Conviction Requirements
If convicted of or pleading guilty/no contest to:
- Any felony, OR
- Any crime involving fraud, dishonesty, or deceit
You must:
- Notify the Secretary of State
- Within 30 days of conviction or plea
Note: A criminal conviction is not an automatic bar if full rights have been restored.
Due Process Rights
If the Secretary takes action against your commission:
- You are entitled to contest the action
- Rights protected under Montana Administrative Procedure Act
- May request a hearing
- May present evidence and arguments
Additional Remedies
The Secretary's disciplinary authority does not prevent:
- Criminal prosecution
- Civil lawsuits
- Other legal remedies
Rehabilitation
After disciplinary action, an individual may potentially:
- Reapply after waiting period
- Demonstrate rehabilitation
- Show compliance with requirements
On the Exam
- Five actions: Deny, refuse renewal, revoke, suspend, condition
- Honesty standard: Must have honesty, integrity, competence, reliability
- 30-day notice: Report convictions within 30 days
- Other state matters: Action in another state is grounds
- Due process: Right to contest under MAPA
Test Your Knowledge
If a Montana notary is convicted of a felony, what must they do?
A
B
C
D
Test Your Knowledge
Which of the following is grounds for the Secretary of State to revoke a notary commission?
A
B
C
D