Ill. Admin. Code tit. 14 § 176.980

Current through Register Vol. 49, No. 2, January 10, 2025

Section 176.980 - Revocation, Suspension, and Reprimand

For purposes of this Section, "notary public" includes an electronic notary public and remote notary public.

a) Revocation. A notary public's commission may be revoked for any of the foregoing acts or omissions:

1) The notary public demonstrates the notary public lacks the honesty, integrity, competence, or reliability to act as a notary public; or

2) The notary public fails to maintain a residence or place of employment in Illinois.

b) Suspension. A notary public's commission may be suspended for any actions contrary to the Act, other laws of the State of Illinois, and this Part.

c) Other Remedial Actions. The Secretary of State may deliver a written official warning to cease misconduct, misfeasance, or malfeasance to any notary public whose actions are determined to violate this Part, the Act, or other laws of the State of Illinois.

d) Before suspending or revoking a notary public's commission, the Secretary of State must inform the notary public of the basis for the suspension or revocation and that the suspension or revocation takes effect on a particular date unless a request for an administrative hearing is filed with the Secretary of State under 5 ILCS 312/7-108(j) and Section 176.990 before that date.

e) Resignation or expiration of a notary public's commission does not terminate or preclude an inquiry into the notary's conduct by the Secretary of State. Whether the finding would have been grounds for revocation will be made a matter of public record.

f) A notary public or an electronic notary public that notarizes one of the documents listed in this subsection (f) by or on behalf of a candidate for public office and does not enter the notarial act or electronic notarial act into a journal does not violate the Act pursuant to 5 ILCS 312/3-107(f) and shall not be subject to discipline provided in this Section:

1) nominating petitions;

2) petitions of candidacy;

3) petitions for nominations;

4) nominating papers; or

5) nomination papers.

Ill. Admin. Code tit. 14, § 176.980

Added at 47 Ill. Reg. 8640, effective 6/5/2023

Amended at 49 Ill. Reg. 584, effective 1/1/2025