Key Takeaways

  • Malfeasance can result in commission removal or temporary revocation
  • Permanent removal results in being forever disqualified
  • Temporary revocation requires passing the exam again
  • Fines can reach up to $5,000 for unauthorized acts
  • Failure to surrender seal after removal = $1,000 penalty
Last updated: January 2026

Misconduct and Consequences

Nebraska Statute §64-113: Removal from Office

If the Secretary of State finds that a notary public is guilty of malfeasance in office, the Secretary may:

ActionDescription
RemovalPermanent removal from office
Temporary revocationCommission suspended for a period

Definition of Malfeasance

Malfeasance in office includes:

CategoryExamples
Failure to follow proceduresImproper notarization, missing seal
Violating confidentialitySharing protected information
Fraudulent practicesFalsifying signatures, notarizing without presence
Unauthorized actsProviding legal advice, exceeding authority

Consequences Summary

Offense LevelConsequence
Minor procedural errorsWarning or training requirement
Repeated violationsTemporary revocation
Serious misconductCommission removal
FraudPermanent disqualification + criminal charges

Permanent Removal

ConsequenceDetails
EffectCommission canceled
DurationForever
ReapplicationNever eligible to be Nebraska notary again
Seal/CommissionMust surrender to Secretary of State

Temporary Revocation

ConsequenceDetails
EffectCommission suspended
DurationAs determined by Secretary of State
ReinstatementMust pass the exam again
Seal/CommissionReturned after revocation period + exam

Financial Penalties

ViolationPenalty
Unauthorized notarial actsUp to $5,000
Failure to surrender seal after removal$1,000
Charging excessive feesCivil liability
Fraudulent practicesCivil + criminal penalties

Surrender Requirements After Removal

When removed or revoked, the notary must:

RequirementDetails
Surrender commissionTo Secretary of State
Surrender seal/stampTo Secretary of State
TimingImmediately upon removal order
Failure to comply$1,000 penalty

Investigation Process

The Secretary of State may investigate complaints against notaries:

StepDetails
Complaint receivedAnyone can file
Appointee assignedInvestigator designated
Subpoena powerCan require testimony, documents
HearingNotary may appear, cross-examine witnesses
DecisionRemoval, revocation, or dismissal

Defense Options

Notaries facing misconduct allegations may:

DefenseDescription
Demonstrate complianceShow actions followed proper procedure
Prove good faithShow any errors were unintentional
Present evidenceProvide documentation (journal entries, etc.)
Cross-examineQuestion witnesses at hearing
Bring witnessesPresent witnesses on their behalf

On the Exam

  • Malfeasance = Misconduct in office
  • Removal = Permanent, never eligible again
  • Temporary revocation = Must pass exam again to return
  • Failure to surrender seal = $1,000 penalty
  • Unauthorized acts = Up to $5,000 fine
Test Your Knowledge

What happens to a notary who is permanently removed from office in Nebraska?

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Test Your Knowledge

A notary has their commission temporarily revoked. What must they do to have their commission returned?

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Test Your Knowledge

What is the penalty for a notary who fails to surrender their seal to the Secretary of State after being removed?

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D