Key Takeaways
- Secretary of State can deny, revoke, suspend, or restrict commissions
- Grounds include misconduct, fraud, dishonesty, and criminal convictions
- Revocation prevents reapplication for 5 years
- Notaries have the right to a hearing before action is taken
- Resignation during investigation may not prevent sanctions
Last updated: January 2026
Administrative Sanctions
The North Carolina Secretary of State has authority to take administrative action against notaries who violate their duties.
Types of Administrative Actions
| Action | Effect |
|---|---|
| Denial | Application rejected; commission not issued |
| Suspension | Temporary prohibition from notarizing |
| Restriction | Limits placed on notarial authority |
| Revocation | Permanent loss of commission |
Grounds for Denial of Commission
The Secretary may deny a commission based on:
| Ground | Explanation |
|---|---|
| Previous revocation/suspension/restriction | In any state, within 5 years |
| Finding of official misconduct | By Secretary or court |
| False or misleading advertising | Related to notary services |
| Unauthorized practice of law | Found by state bar or court |
| Failure to meet eligibility requirements | Any qualification not met |
| Material misstatement on application | Lies or omissions on application |
| Criminal conviction | Felony or crime of moral turpitude |
Grounds for Revocation, Suspension, or Restriction
| Ground | Effect |
|---|---|
| Official misconduct | Action based on violation |
| Fraudulent conduct | Any fraud related to notary duties |
| Conviction of disqualifying crime | During commission term |
| Failure to comply with notary laws | Any Chapter 10B violation |
| Failure to maintain qualifications | Lost residency, etc. |
| False statement in application | Discovered after commissioning |
5-Year Waiting Period
If a notary commission is revoked:
- No new commission may be issued for 5 years
- 5 years begins after completion of any disciplinary order conditions
- Applies to revocation in any state or nation
Due Process Rights
Notaries have procedural protections:
| Right | Description |
|---|---|
| Notice | Written notice of charges |
| Hearing | Opportunity to be heard |
| Evidence | Right to present evidence |
| Representation | May have legal counsel |
| Appeal | Right to appeal decision |
Resignation During Investigation
| Situation | Effect |
|---|---|
| Notary resigns during investigation | Investigation may continue |
| Resignation does not stop proceedings | Findings can still be made |
| Future applications affected | Resignation circumstances matter |
Notification Requirements
If a notary is convicted of a disqualifying crime:
- Must notify Secretary of State immediately
- Failure to notify is additional grounds for action
Key Points for the Exam
- Four actions: Denial, suspension, restriction, revocation
- 5-year ban: After revocation before reapplying
- Due process: Notice and hearing required
- Resignation: Does not stop investigation
- Criminal conviction: Must notify Secretary of State
Test Your Knowledge
After a notary commission is revoked, how long must the notary wait before applying for a new commission?
A
B
C
D
Test Your Knowledge
A notary is under investigation for misconduct and decides to resign. What happens to the investigation?
A
B
C
D