Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.31 - Good Cause

Current through Reg. 49, No. 28; July 12, 2024
Good cause may include the following:
(1) a false statement knowingly made in a
				  notary public application;
(2) a
				  final conviction for the violation of any law concerning the regulation of the
				  conduct of notaries public in this state or any other state;
(3) use of the phrase "notario" or "notario
				  publico" in connection with advertising or offering the services of a notary
				  public;
(4) false representation as
				  an attorney as specified in § 406.017, Government Code;
(5) a failure to fully and faithfully
				  discharge any of the duties or responsibilities required of a notary
				  public;
(6) the unauthorized
				  practice of law;
(7) a failure to
				  utilize a correct notary seal as described in § 406.013 and §
				  406.101(5), Government Code and this chapter;
(8) a failure to administer an oath or
				  affirmation as required by law;
(9)
				  the collection of a fee in excess of the fees authorized by § 406.024 and
				  § 406.111, Government Code;
(10) the execution of any certificate as a
				  notary public containing a statement known to the notary public to be
				  false;
(11) a failure to complete
				  the notarial certificate at the time the notary public's signature and seal are
				  affixed to the document;
(12) the
				  advertising or holding out in any manner that the notary public is an
				  immigration specialist, immigration consultant, or any other title or
				  description reflecting an expertise in immigration matters;
(13) the use of false or misleading
				  advertising of either an oral or written nature, whereby the notary public has
				  represented or indicated that he or she has duties, rights, powers, or
				  privileges that are not possessed by law;
(14) performing a notarization when the
				  purported principal did not personally appear before the notary public at the
				  time the notarization is executed;
(15) previous disciplinary action against the
				  notary public in accordance with these sections;
(16) a failure to comply with, or violation
				  of, a previous disciplinary action taken pursuant to §
										RSA 87.34 of
				  this title (relating to Disciplinary Action);
(17) a failure to promptly respond to a
				  request for public information in accordance with §
										RSA 87.52 of
				  this title (relating to Public Information);
(18) a failure to properly identify the
				  individual whose signature is being notarized;
(19) a failure to keep a notary record as
				  described in § 406.014 and § 406.108, Government Code, and Chapter 87
				  of this title;
(20) a failure to
				  include in the notarial certificate for an online notarization a notation that
				  the notarization is an online notarization;
(21) a failure to take reasonable steps to
				  ensure that the two-way audio-visual communication used during an online
				  notarization is secure from unauthorized interception;
(22) a failure to safely and securely
				  maintain notary materials;
(23)
				  performing a notarial act that the notary public is not authorized to
				  perform;
(24) use of a digital
				  certificate or electronic seal that has expired or is no longer
				  valid;
(25) a failure to report a
				  new digital certificate or electronic seal as required by §
										RSA
				  87.63 of this title (relating to Changes to
				  Digital Certificate and Electronic Seal for Online Notary);
(26) notarizing one's own
				  signature;
(27) a failure to pay
				  the filing fee required by § 406.007, Government Code, and §
										RSA
				  87.13 and §
										RSA
				  87.14 of this title (relating to Issuance of
				  the Traditional Notary Public Commission by the Secretary of State and Issuance
				  of the Online Notary Public Commission by the Secretary of State) or when such
				  payment was made by an instrument that was dishonored when presented by the
				  state for payment;
(28) a failure
				  to timely respond to a request for information from the secretary of state;
				  and
(29) a failure to maintain a
				  current address as required by § 406.019, Government Code.