Section 25-34-43 - Denial, refusal to renew, revocation, suspension or imposition of condition on commission for certain reasons; appeal(1) The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including: (a) Failure to comply with this chapter;(b) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;(c) A conviction of any felony, including a plea of nolo contendere, of the applicant or notary public, unless released from incarceration more than ten (10) years before the commission is to take effect or, if no incarceration is ordered, more than ten (10) years from the conviction date have passed;(d) A conviction, including a plea of nolo contendere, of the applicant or notary public for any crime determined by the Secretary of State to be of a nature incompatible with the duties of a notary public;(e) Failure by the notary public to discharge any duty required of a notary public, whether required by this chapter, rules of the Secretary of State or any federal or state law;(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;(g) Violation by the notary public of a rule of the Secretary of State regarding a notary public;(h) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;(i) Failure of the notary public to maintain an assurance as provided in Section 25-34-41(4); or(j) Failure to maintain and protect the notary's journal as required by this chapter and any rules promulgated by the Secretary of State under this chapter.(2) If the Secretary of State denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to file an appeal in proper form with the Secretary of State within forty-five (45) days after the Secretary of State's action, except that an applicant may not appeal when the Secretary of State, within five (5) years preceding the application, has: (a) Denied or revoked for disciplinary reasons any previous application, commission or license of the applicant; or(b) Made a finding under this chapter that the grounds for revocation of the applicant's commission existed.(3) The authority of the Secretary of State to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.Added by Laws, 2020, ch. 382, HB 1156,§ 22, eff. 7/1/2021.