8.4 Complaints, Administrative Revocation & the 10-Year Bar

8.4 Complaints, Denial, and Revocation

A.C.A. § 21-14-112 is the administrative enforcement provision. It should not be described as a Class A misdemeanor statute. The Class A misdemeanor for unlawful signature witnessing is in § 21-14-111.

Grounds for denial or revocation

The Secretary of State may deny appointment or reappointment or revoke a commission during its term when the notary:

• submits an application containing a substantial and material misstatement or omission;
• is convicted of official misconduct under § 21-14-111;
• knowingly uses false or misleading advertising claiming notary powers, duties, rights, or privileges not possessed by law;
• is found by an Arkansas court to have engaged in unauthorized practice of law;
• is found by a court to have improperly notarized documents according to law; or
• fails to complete the requirements under § 21-14-101.

These are administrative grounds. Some conduct may also support a separate criminal or civil proceeding, but those results are not automatic findings made by the Secretary of State.

Complaint process

The Secretary of State may investigate possible violations upon a signed complaint from any person. The handbook directs that the complaint be in writing and recommends the agency's complaint form. Include a copy of the document containing the questioned notarization and a clear factual account.

Send the complaint to the Secretary of State Legal Division at the current address shown in the handbook or agency website. Because contact information can change, verify it before filing.

The Secretary of State does not have authority to conduct a criminal investigation of forgery or fraud. Someone seeking a criminal investigation should contact an attorney, local law enforcement, or the local prosecuting attorney. A person may pursue the administrative complaint and the appropriate criminal or civil route separately.

After revocation

Once the notary receives notice that the commission has been revoked, and unless the revocation has been enjoined, § 21-14-112 requires immediate delivery to the Secretary of State of:

• the journal of notarial acts;
• all other papers and copies relating to notarial acts; and
• the official seal.

For an electronic commission, the Secretary of State notifies the solution provider and access is revoked. Electronic enabling credentials are also subject to the termination rules in §§ 21-14-311 and 21-14-312.

Ten-year rule

A person whose commission was revoked may apply for commission and appointment after ten years have elapsed from the revocation date. “May apply” is not automatic restoration. The person must again meet the qualifications and complete the then-current process.

Distinguish three outcomes:

Accurate statutory matching

The handbook summarizes signature-law violation as a Class A misdemeanor with up to a $1,000 fine or up to one year in jail, plus revocation and ten-year recommissioning consequence. That criminal classification comes from § 21-14-111.

Section 112 supplies the grounds, signed-complaint authority, surrender duties, and ten-year reapplication rule. There is no separate § 21-14-113 revocation bar in the current framework used by the handbook. Keeping those provisions straight prevents a common exam error.

Scenario

A complainant has a deed whose acknowledgment states that a signer appeared on a day the signer was demonstrably elsewhere. The complainant should use the signed complaint form, attach the deed, and describe the evidence. If forgery is suspected, the complainant should also contact law enforcement or counsel because the Secretary of State's administrative review is not a criminal forgery investigation.

The notary receiving an inquiry should preserve records and respond truthfully. Destroying or altering a journal or electronic record can compound the problem. If revocation is ordered, follow the surrender and electronic-credential rules promptly.

Denial of a new application and revocation of an active commission are different administrative actions, but the listed grounds help the Secretary of State protect the same public office. A candidate should answer from the statute rather than assume the agency imposes a graduated warning or suspension system that the handbook does not publish.

Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “Penalty/Revocation” and electronic denial/revocation guidance; A.C.A. §§ 21-14-111 and 21-14-112.