Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 4 - DISCIPLINARY SANCTIONS › Section 5-11-39 - Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of commissions

Current through June, 2024
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.