North Carolina Notary Public Application Denials PDF

Chapter 3 — Denials Reasons for Denial of a Notary Public Application for Commission—G.S. 10B-5(d) and 18 NCAC 07B.0902 The Department of the Secretary of State may deny applications for commission as a notary public for the following reasons: ◦ An applicant’s submission of an incomplete application...

Chapter 3 — Denials Reasons for Denial of a Notary Public Application for Commission—G.S. 10B-5(d) and 18 NCAC 07B.0902 The Department of the Secretary of State may deny applications for commission as a notary public for the following reasons: ◦ An applicant’s submission of an incomplete application or an application containing material misstatement or omission of fact. ◦ An applicant’s conviction or plea of admission or nolo contendere to a felony or any crime involving dishonesty or moral turpitude. Crimes of dishonesty and moral turpitude include arson, assault, battery, child molestation, rape, child pornography, domestic violence, unlawful possession or sale of drugs, embezzlement, failure to pay child support, fraud, identity theft, and many other crimes. For an exhaustive list, see 18 NCAC 07B.0201. In no case may a commission be issued to an applicant within 10 years after release from prison, probation, or parole, whichever is later. Applicants with questions about their eligibility should contact the Notary Enforcement Division prior to submitting an application to the Department. ◦ A finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s deceit. ◦ The revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation. In no case may a commission be issued to an applicant within five years after the completion of all conditions of any disciplinary order. ◦ A finding that the applicant has engaged in official misconduct, whether or not disciplinary action resulted. ◦ An applicant knowingly using or having used false or misleading advertising in which the applicant as a notary public represented powers, duties, rights, or privileges that the applicant did not possess by law. ◦ A finding by a state bar or court that the applicant has engaged in the unauthorized practice of law. ◦ An applicant being under a current disciplinary action by the Department, such as a period of suspension or revocation of a commission previously held by the applicant. ◦ An applicant’s submission of an application with false information about the applicant’s criminal record or record of civil lawsuit findings or admissions of liability based on the applicant’s deceit. ◦ An applicant having notarized his or her own signature on the notary public application. ◦ Revocation, suspension, restriction, or denial of an applicant’s other professional licenses by North Carolina or another state or nation. Any criminal record resulting from convictions for misdemeanors, felonies, or crimes involving dishonesty or moral turpitude may result in the denial of a notary public commission. Although each application is judged on its own merits, applicants with such issues are less likely to be granted the privilege of being a notary public for the state of North Carolina. Right to Appeal Procedures Applicants for commissioning or re-commissioning whose applications have been denied and those who have been disciplined by the Department have the right to file a petition for a contested case hearing. The petition form can be obtained by contacting the Office of Administrative Hearings by phone at 919.431.3000, by fax at 919.431.3100, or from their website at www.oah.state.nc.us. There is generally a filing fee to file a petition for a contested case hearing, which is the equivalent of filing a lawsuit against the Department of the Secretary of State, to contest the decision to deny, suspend, or revoke a notary public commission. 18 NCAC 07B.0907. Applicants have 60 days from the date of the Department’s decision to file a petition for a contested hearing. The petition must be filed with the North Carolina Office of Administrative Hearings at one of the following addresses: 6714 Mail Service Center Raleigh, NC 27699-6700 1711 New Hope Church Road Raleigh, NC 27609 A copy of the petition filed with the Office of Administrative Hearings must also be served on the process agent for the Department of the Secretary of State at the following address: North Carolina Department of the Secretary of State Attn: General Counsel PO Box 29622 Raleigh, NC 27626-0622