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TITLE 1ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 87NOTARY PUBLIC
SUBCHAPTER BREJECTION AND REVOCATION
RULE §87.11Good Cause

(a) Good cause may include the following:

  (1) ineligibility due to a final felony conviction;

  (2) ineligibility due to a final conviction for a crime involving moral turpitude;

  (3) a false statement knowingly made in a notary public application;

  (4) a final conviction for the violation of any law concerning the regulation of the conduct of notaries public in this state or any other state;

  (5) use of the phrase "notario" or "notario publico" in connection with advertising or offering the services of a notary public;

  (6) false representation as an attorney as specified in §406.017, Government Code;

  (7) a failure to fully and faithfully discharge any of the duties or responsibilities required of a notary public;

  (8) the unauthorized practice of law;

  (9) a failure to utilize a correct notary seal as described in §406.013, Government Code;

  (10) a failure to administer an oath or affirmation as required by law;

  (11) the collection of a fee in excess of the fees authorized by §406.024, Government Code;

  (12) the execution of any certificate as a notary public containing a statement known to the notary public to be false;

  (13) a failure to complete the notarial certificate at the time the notary public's signature and seal are affixed to the document;

  (14) the advertising or holding out in any manner that the notary public is an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters;

  (15) the use of false or misleading advertising of either an oral or written nature, whereby the notary public has represented or indicated that he or she has duties, rights, powers, or privileges that are not possessed by law;

  (16) performing a notarization when the purported signer did not personally appear before the notary at the time the notarization is executed;

  (17) previous disciplinary action against the notary public in accordance with these sections;

  (18) a failure to comply with, or violation of, a previous disciplinary action taken pursuant to §87.24 of this title (relating to Disciplinary Action); and

  (19) a failure to respond to a request for public information.

(b) A crime involving moral turpitude means the commission of a crime involving dishonesty, fraud, deceit, misrepresentation, deliberate violence, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as a notary public, which may include, but not be limited to:

  (1) Class A and B type misdemeanors; and

  (2) felony convictions which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted.

(c) Final Class C type misdemeanor convictions shall not be considered in determining good cause.


Source Note: The provisions of this §87.11 adopted to be effective January 1, 2010, 34 TexReg 9395

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