Ind. Code § 33-42-13-1
Disciplinary actions
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
Sec. 1. (a) The secretary of state may:
Sec. 1. (a) The secretary of state may do any of the following with respect to a commission under IC 33-42-12:
(1) deny;
(2) refuse to renew;
(3) revoke;
(4) suspend; or
(1) Deny the commission.
(2) Refuse a subsequent commission.
(3) Revoke the commission.
(4) Suspend the commission.
(5) impose a condition upon;
(5) Impose a condition on the commission.
a commission granted under IC 33-42-12.
(b) The secretary of state may investigate any violation of this chapter by a notary public.
(c) An action described in subsection (a) may be taken against any notary public for any act or omission that demonstrates a deficiency in competence, honesty, integrity, or reliability, including the following:
(1) Any failure to comply with the requirements of this article or rules adopted under this article.
(1) Any failure to comply with this article or rules adopted under this article.
(2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission.
(2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission as a notary public.
(3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud.
(3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud.
(4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud.
(4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud.
(5) Any failure to discharge any duty required of a notary public.
(5) Any failure to discharge any duty required of a notary public.
(6) Any use of false or misleading advertisements.
(6) Any use of false or misleading advertisements.
(7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have.
(7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have.
(8) Any denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.
(8) Any of the following with respect to a commission as a notary public in another state:
(A) Denial of the commission.
(B) Refusal of a subsequent commission.
(C) Revocation of the commission.
(D) Suspension of the commission.
(E) Imposition of a condition on the commission.
(9) Any violation of a rule or requirement that:
(A) pertains to a notary public; and
(B) is required by the secretary of state.
(9) Any violation of a rule or requirement that:
(A) pertains to a notary public; and
(B) is required by the secretary of state.
(10) Any failure to maintain an assurance as described in IC 33-42-12.
(10) Any failure to maintain an assurance as described in IC 33-42-12.
(d) If the secretary of state acts under subsection (a) on an applicant or notary public's commission, the affected party is entitled to timely notice and a hearing as described in IC 4-21.5.
(e) The secretary of state's decision to discipline an applicant or notary public as described in this section does not prevent a person from pursuing any civil or criminal cause of action against the offending applicant or notary public.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.