Section 46-1-3 - Qualifications - Application for notarial commission required - Term(1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter.(2) To qualify for a notarial commission an individual shall:(a) be at least 18 years old;(b) lawfully reside in the state or be employed in the state for at least 30 days immediately before the individual applies for a notarial commission;(c) be able to read, write, and understand English;(d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:(i) the individual's: (A) name as it will appear on the commission;(D) daytime telephone number; and(ii) an affirmation that the individual meets the requirements of this section;(iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state;(v) an indication that the individual has passed the examination described in Subsection (6); and(vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504;(e)(i) be a United States citizen; or(ii) have permanent resident status under Section 245 of the Immigration and Nationality Act; and(f) submit to a background check described in Subsection (3).(3)(a) The lieutenant governor shall: (i) request the Division of Human Resource Management to perform a criminal background check under Subsection 53-10-108(16) on each individual who submits an application under this section;(ii) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection 53-10-108(4); and(iii) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section.(b) The Division of Human Resource Management shall:(i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and(ii) provide to the lieutenant governor all information that pertains to the individual described in Subsection (3)(a)(i) that the department identifies or receives as a result of the background check.(4) The lieutenant governor may deny an application based on: (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;(b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;(c) the applicant's official misconduct while acting in the capacity of a notary; or(d) the applicant's failure to pass the examination described in Subsection (6).(5)(a) An individual whom the lieutenant governor commissions as a notary: (i) may perform notarial acts in any part of the state for a term of four years, unless the individual resigns or the commission is revoked or suspended under Section 46-1-19; and(ii) except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state.(b)(i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission.(ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.(6)(a) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination.(b) The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.(7)(a) A notary shall maintain permanent residency or employment in the state during the term of the notary's notarial commission.(b) A notary who does not maintain permanent residency or employment under Subsection (7)(a) shall resign the notary's notarial commission in accordance with Section 46-1-21.Amended by Chapter 344, 2021 General Session ,§ 15, eff. 7/1/2021.Amended by Chapter 167, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 192, 2019 General Session ,§ 2, eff. 11/1/2019.Amended by Chapter 259, 2017 General Session ,§ 2, eff. 5/9/2017.Amended by Chapter 183, 2009 General Session.