In addition to any other acts or conditions provided by
law, the attorney general may refuse to renew, reinstate, or restore, or may
revoke, suspend, or deny a commission of any applicant or notary public who
violates any of the provisions of chapter
456, HRS, and this chapter, and may
seek administrative fines for each occurrence or otherwise discipline a former
or current notary public for any cause authorized by law, including but not
limited to the following:
(1) Failing
to meet and sustain the conditions and requirements necessary to maintain a
commission;
(2) Submitting an
application for a new commission, renewed commission, restoration of a
forfeited commission, or reinstatement of a suspended commission that contains
a false statement, an omission of fact, or a substantial
misstatement;
(3) Failing to
complete the processing of the notary public's commission by filing the notary
public's commission with the clerk of the circuit court of the judicial circuit
in which the notary public resides;
(4) Failing to maintain a business or
residence address in the State while practicing as a notary public in the
State;
(5) Being incapable of
reading, writing, or speaking the English language with
understanding;
(6) Allowing the
notary public's name or title to be used deceptively, fraudulently, or in false
or misleading advertising, or making untruthful or improbable
statements;
(7) Being addicted to,
dependent on, or a habitual user of a narcotic, barbiturate, amphetamine,
hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar
nature;
(8) Practicing as a notary
public while the ability to practice is impaired by alcohol, drugs, or mental
instability, or substantially impaired by physical disability;
(9) Procuring a commission through fraud,
misrepresentation, or deceit;
(10)
Professional misconduct, incompetence, gross negligence, or manifest incapacity
in the practice of a notary public;
(11) Failure to maintain a record or history
of competency, trustworthiness, fair dealing, and financial
integrity;
(12) Engaging in
business under a past or present commission issued pursuant to the notary
public laws, in a manner causing injury to one or more members of the
public;
(13) Failure to comply
with, observe, or adhere to any law in a manner such that the attorney general
deems the holder of a notary public commission to be unfit or an improper
person to hold a commission;
(14)
Revocation, suspension, restriction, or denial of a professional license or
notary public commission if that action was for misconduct, dishonesty, or any
cause that relates to the duties or responsibilities of a notary
public;
(15) Criminal conviction,
whether by nolo contendere or otherwise, of any felony, or a misdemeanor
related to the qualifications, functions, or duties of a notary public or
involving theft, fraud, dishonesty, or false statement;
(16) Failure to report in writing to the
attorney general any disciplinary decision issued against the notary public or
the applicant in this jurisdiction or another jurisdiction within thirty days
of the disciplinary decision; and
(17) Violating this chapter, the applicable
laws governing notaries public, or any rule or order of the attorney
general.
