6.2 Misconduct and Consequences

Neb. Rev. Stat. 64-113: Removal From Office

If the Secretary of State finds, after a hearing, that a notary public is guilty of malfeasance in office, the Secretary may either remove the person from office or temporarily revoke the commission. This is the statute the exam cites most often for discipline, so learn its precise mechanics.

The Statutory Definition of Malfeasance

For purposes of 64-113, malfeasance in office means, while serving as a notary, any of three specific acts. Memorize all three prongs, because distractor answers often invent a fourth.

A late journal entry caused by an honest oversight is a procedural lapse under (a); pleading guilty to forgery is a (c) conviction. Both can support removal, but the SOS weighs severity and intent.

Due Process Before Discipline

Discipline is not summary. The SOS appoints a disinterested person to hold a hearing, and the notary must receive at least ten days' notice before the appearance. At the hearing the notary may appear, present evidence, bring witnesses, and cross-examine.

Removal vs. Temporary Revocation

This contrast is a near-certain exam item. Removal is permanent; the person is forever disqualified from holding the office of notary public in Nebraska. Temporary revocation suspends the commission for a period, after which the notary may regain it by passing the examination again.

The 15-Day Surrender Deadline and $1,000 Penalty

Within fifteen days after removal or revocation and notice, the notary must deposit the commission and notarial seal with the Secretary of State. Failure to deposit them subjects the notary to a penalty of one thousand dollars ($1,000), recoverable in the name of the state.

Worked example: a notary is removed on May 1 and notified the same day. The seal must reach the SOS by May 16. Keeping the seal triggers the $1,000 penalty regardless of whether it is later used.

How a Procedural Slip Becomes Malfeasance

Not every mistake is malfeasance, but a pattern can become one. Prong (a) reaches any failure to follow Chapter 64 procedure, so repeated omissions, such as routinely skipping the oath on jurats, notarizing without confirming appearance, or affixing the seal to incomplete documents, can support removal even without a fraud conviction. The exam often presents a notary who "meant well" but cut corners; the right analysis is that good intentions do not excuse a procedural violation, though they may influence whether the SOS removes versus temporarily revokes.

Prong (c), conviction of a felony or any crime involving fraud or dishonesty, is the clearest path to permanent removal. Note the scope: the crime need not be a felony if it involves fraud or dishonesty, so a misdemeanor theft or forgery conviction can qualify. This is why honesty offenses outside notarial work still threaten the commission.

Layered Liability: Bond, Civil, and Criminal

Discipline under 64-113 is administrative and separate from money damages. A signer harmed by a negligent or fraudulent notarization may sue the notary directly and may also recover against the $15,000 surety bond, which protects the public rather than the notary. If the bond pays a claim, the surety can seek reimbursement from the notary, so the notary remains personally exposed. Fraudulent notarizations can additionally trigger criminal charges under general Nebraska law.

Beyond 64-113

Unauthorized practice of law is penalized through Neb. Rev. Stat. 7-101. Because these tracks run in parallel, one bad act can produce removal, a bond claim, a lawsuit, and a criminal charge at once.

On the Exam

Distinguish removal (permanent, never return) from temporary revocation (re-exam to return). Anchor the 15-day surrender deadline and the $1,000 non-surrender penalty, recall the three malfeasance prongs, and remember the bond protects the public, not you.