8.2 Official Misconduct and Penalties

Official Misconduct Defined

C.R.S. 24-21-531 defines official misconduct: a notary public who knowingly and willfully violates the duties imposed by RULONA commits official misconduct. The intent standard matters for the exam. An honest mistake — a transposed date, an accidental omission — is not official misconduct because it lacks the knowing-and-willful element. Deliberately notarizing without the signer present, or stamping a blank document on purpose, is.

Criminal Classification

A petty offense is the lowest criminal classification in Colorado — below a misdemeanor. Watch for distractors that label official misconduct a felony or a misdemeanor; under 24-21-531 it is a petty offense.

Civil Liability Runs to the Notary (and Any Bond)

Separate from any criminal charge, the statute imposes civil liability. The notary and the surety or sureties on the notary's bond are liable to the persons involved for all damages proximately caused by the misconduct. Colorado does not require a notary surety bond, so most Colorado notaries are personally liable directly, with no bond standing behind them. The statute's surety language applies only when a notary has voluntarily obtained a bond (24-21-531 expressly preserves the right to obtain a bond or insurance on a voluntary basis).

When a bond does exist, the injured party can recover from it and the surety then seeks reimbursement from the notary — the bond protects the public, not the notary. Where there is no bond, the signer recovers directly from the notary's own assets.

Administrative Discipline by the Secretary of State

The Colorado Secretary of State administers the notary program and can act against a commission independent of any court case. Possible actions:

Grounds for Action

Nondisciplinary Action

When the Secretary of State finds misconduct that does not warrant a formal disciplinary proceeding, the office may take nondisciplinary action, such as issuing a letter of admonition placed in the notary's file. This is a documented warning, not a suspension — a frequent exam distinction.

Due Process and Related Crimes

Your Procedural Rights

Before the Secretary of State denies, refuses to renew, suspends, revokes, or imposes conditions, the notary is entitled to:

• Timely notice of the proposed action.
• A hearing conducted under the State Administrative Procedure Act.
• The right to appeal the outcome.

The state cannot pull a commission silently; the notary always gets a chance to respond.

Impersonation and Other Crimes

RULONA separately makes it a crime for a person to willfully impersonate a notary or to act as one without a commission. Beyond RULONA, a notary's wrongdoing can trigger general criminal statutes:

Worked Scenario

A notary, as a favor, stamps an acknowledgment on a deed her cousin signed at home and dropped off — the signer never appeared. The deed later turns out to be forged, and a buyer loses funds. The notary acted knowingly and willfully (she knew there was no appearance): that is official misconduct (petty offense). The defrauded buyer sues; the notary and the bond surety are liable for damages. The Secretary of State, after notice and a hearing, may revoke her commission.

Three Tracks of Accountability

It helps to picture a notary's wrongdoing moving down three independent tracks at once, because the exam loves to mix them. The criminal track is the petty-offense charge under 24-21-531, prosecuted by the state and requiring proof of a knowing and willful violation. The civil track is a private lawsuit by the injured signer, who can recover damages from the notary personally and from the surety bond — no criminal conviction is needed, only proof the misconduct proximately caused a loss.

The administrative track is the Secretary of State's power to discipline the commission itself, which can happen even when no court is involved at all.

All three can run from a single bad act. A notary who knowingly stamps a forged deed could face a petty-offense charge, a civil judgment paid out of the bond, and revocation of the commission. Conversely, an honest clerical error usually triggers none of them: it is not knowing-and-willful (no crime), it may cause no damages (no civil claim), and it likely draws at most a letter of admonition (nondisciplinary). Sorting a scenario into these tracks is the fastest way to choose the right answer.

On the Exam

• Official misconduct = petty offense, requires knowing and willful intent.
• Liability reaches the notary and the surety bond.
• The Secretary of State can deny, suspend, revoke, or condition a commission.
• Notice and a hearing precede discipline.