reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.32 - Submitting a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  jurisdiction of the secretary of state to investigate a complaint is limited to
				  individuals who are commissioned or have applied for commission or renewal of a
				  commission as a Texas notary public. The jurisdiction of the secretary of state
				  to investigate a complaint ceases upon the expiration, revocation or surrender
				  of a notary public commission, except as provided in §
										RSA 87.35 of this
				  title (relating to Time for Action).
(b) A person harmed by the actions of a
				  notary public may file a complaint with the secretary of state on a form
				  prescribed by the secretary of state. The complaint shall include:
(1) the name of the notary public who is the
				  subject of the complaint;
(2) the
				  expiration date of the notary public's current commission;
(3) the name, mailing address, and email
				  address of the individual filing the complaint;
(4) whether the notary was performing an
				  online notarization;
(5) a
				  recitation of the facts, within the personal knowledge of the complainant,
				  relating to the alleged misconduct by the notary public; and
(6) copies of the notarized documents that
				  are the subject of the complaint.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.33 - Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary
				  of state may determine that the allegations in the complaint are not sufficient
				  to warrant formal disciplinary action. In such case, the secretary of state
				  may:
(1) take no action on the
				  complaint;
(2) informally advise
				  the notary public of the appropriate conduct and the applicable statutes and
				  rules governing the conduct; or
(3)
				  request further information from the complainant or the notary public prior to
				  taking action.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.34 - Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of
				  state has discretion to determine that the conduct that forms the basis of a
				  complaint against a notary public does not warrant disciplinary action against
				  the notary public and take no further action on the complaint. If the secretary
				  of state determines that disciplinary action should be taken, the secretary of
				  state may pursue the following disciplinary actions against individuals
				  commissioned pursuant to Subchapter A or C, Chapter 406, Government Code:
(1) issue a written reprimand to the notary
				  public; or
(2) require the notary
				  public to enter into an agreement to:
(A) not
				  engage in any further misconduct;
(B) agree to voluntarily surrender the notary
				  public commission;
(C) accept a
				  suspension of the notary public commission for a set period of time;
(D) complete a course of study relating to
				  the powers, duties, and responsibilities of a notary public;
(E) not seek renewal of the notary public
				  commission for a specified period of time; or
(F) take such other action as the secretary
				  deems appropriate; or
(3)
				  take action to revoke the notary public commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.35 - Time for Action

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state may take disciplinary action for an
					 act or omission which occurred during a prior term of office. The secretary may
					 also require any pending complaints against a notary public that remain at the
					 expiration of the notary public's prior commission to be resolved prior to
					 accepting a renewal or new application for appointment as a notary public.
					 Failure to reach a resolution on an unresolved complaint may result in the
					 rejection of an application for appointment or renewal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter E - NOTARY PROCEDURES › Section 87.40 - Traditional Notarization Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  traditional notary public shall not perform a notarization if the principal
				  does not personally appear before the notary at the time of notarization in
				  accordance with §
										RSA 87.1 of this
				  title (relating to Definitions).
(b) The methods by which a traditional notary
				  public identifies a principal are as follows:
(1) Traditional notary public personally
				  knows the principal; or
(2)
				  Principal is introduced by oath of credible witness who personally knows the
				  principal and either is personally known to the traditional notary public or
				  provides qualifying identification in accordance with paragraph (3) of this
				  subsection; or
(3) Identification
				  by a credential.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter E - NOTARY PROCEDURES › Section 87.41 - Online Notarization Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  online notarization may only be performed by a notary who is commissioned as an
				  online notary public.
(b) An online
				  notary public shall not perform an online notarization if the online notary
				  public is not physically in Texas at the time of the notarization.
(c) An online notary public shall not perform
				  an online notarization if the principal does not personally appear before the
				  notary public at the time of notarization in accordance with §
										RSA 87.1 of this
				  title (relating to Definitions).
(d) The methods by which an online notary
				  public identifies a principal are as follows:
(1) Online notary public personally knows the
				  principal; or
(2) Principal is
				  introduced by oath of credible witness who personally knows the principal and
				  either is personally known to the online notary public or provides qualifying
				  identification in accordance with paragraph (3) of this subsection;
				  or
(3) Principal or credible
				  witness is identified using the identity proofing and credential analysis
				  standards in accordance with subchapter H of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter E - NOTARY PROCEDURES › Section 87.42 - Refusal of Requests for Notarial Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A notary public is authorized to refuse
				  to perform a notarial act if:
(1) the notary
				  public has reasonable grounds to believe that the principal is acting under
				  coercion or undue influence;
(2)
				  the notary public has reasonable grounds to believe that the document in
				  connection with which the notarial act is requested may be used for an unlawful
				  or improper purpose;
(3) the notary
				  public has reasonable grounds to believe the signing party does not have the
				  capacity to understand the contents of the document; or
(4) the notary public is not familiar with
				  the type of notarization requested.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter E - NOTARY PROCEDURES › Section 87.43 - Reasons to Refuse Online Notarization

Current through Reg. 49, No. 28; July 12, 2024
In addition to those in §
										RSA
					 87.42 of this title (relating to Refusal of
					 Requests for Notarial Services) in which a notary public is authorized to
					 refuse a notarization, an online notary shall refuse to perform an online
					 notarization if:
(1) The online notary
				  public is unable to verify the identity of the principal using an acceptable
				  means of identification in accordance with Subchapter H;
(2) The online notary public is unable to
				  verify the security of the two way audio visual transmission;
(3) The signature of the principal cannot be
				  attached to the electronic document; or
(4) The digital certificate or electronic
				  seal of the online notary public cannot be attached to the electronic document
				  in a manner that renders any subsequent change or modification to the document
				  evident.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter E - NOTARY PROCEDURES › Section 87.44 - Notary Seal

Current through Reg. 49, No. 28; July 12, 2024
(a) The name on the
				  notary public seal must match the name, as stated on the application, under
				  which the notary public is commissioned and performs all notarial
				  acts.
(b) For all applicants
				  commissioned or recommissioned on or after January 1, 2016, the notary public
				  seal must contain the identifying number issued by the secretary of
				  state.
(c) For notaries public who
				  were commissioned or recommissioned prior to January 1, 2016, the seal of such
				  notaries is not required to contain the identifying number issued by the
				  secretary of state until the notary is recommissioned in accordance with the
				  procedures specified in § 406.011, Texas Government Code, and §
										RSA 87.15
				  of this title (relating to Renewal of Commission). The seal of notaries who
				  were commissioned or recommissioned prior to January 1, 2016, may, however,
				  contain the identifying number issued by the secretary of state prior to the
				  notary being recommissioned in accordance with the procedures specified in
				  § 406.011, Texas Government Code, and §
										RSA 87.15
				  of this title.
(d) The notary seal
				  shall remain within the exclusive control of the notary public at all
				  times.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter F - NOTARY RECORDS › Section 87.50 - Prohibition Against Entering Personal Information in a Notary Record Book

Current through Reg. 49, No. 28; July 12, 2024
(a) A notary public (other than a court clerk
				  notarizing instruments for the court) shall not record in the notary's record
				  book:
(1) an identification number that was
				  assigned by a governmental agency or by the United States to the principal and
				  that is set forth on the identification card or passport presented as
				  identification;
(2) any other
				  number that could be used to identify the principal of the document;
				  or
(3) a biometric identifier,
				  including a fingerprint, voice print, and retina or iris image.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter F - NOTARY RECORDS › Section 87.51 - Form of Record Book

Current through Reg. 49, No. 28; July 12, 2024
(a) Notary
				  records, other than records of online notarizations, may be maintained either
				  in a book or electronically in a computer or other storage device so long as
				  the records are adequately backed-up and are capable of being printed in a
				  tangible medium when requested.
(b)
				  Records of an online notarization shall be maintained electronically in
				  computers or other storage devices that are capable of recording the
				  information required by § 406.108, Government Code, including a recording
				  of any video and audio conference that is the basis for identifying the
				  principal. An online notary public may contract with a third party to provide
				  such storage if the third party:
(1) has
				  provided reasonable evidence to the online notary public that it is capable of
				  providing such services; and
(2)
				  provides complete access to the online notary public of all the notary's
				  records for an agreed period of time, which at minimum, complies with the
				  retention requirements in §
											RSA 87.54 of
				  this title (relating to Records Retention) even if such a contract is
				  terminated. If the contract between the online notary public and the third
				  party is terminated, all records must be transferred to the online notary
				  public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter F - NOTARY RECORDS › Section 87.52 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
				  subsection (b) of this section, records regarding notarial acts performed are
				  public information. On payment of all fees, the notary public shall promptly
				  provide a certified copy of any entries in the notary public's records to any
				  person requesting the copy. The notary shall provide the certified copy no
				  later than 10 business days from the date of receipt of the fees, unless the
				  notary cannot produce the certified copy within 10 business days from the date
				  of receipt of the fees, in which case the notary shall certify that fact in
				  writing to the person requesting the copy on or before the 10th business day
				  from the date of receipt of the fees, and set a date and hour within a
				  reasonable time when the certified copy will be provided, and shall provide the
				  information by that date and hour. If the notary has inadvertently included
				  personal identifiable information in the record contrary to §
										RSA
				  87.50 of this title (relating to Prohibition
				  Against Recording Personal Information), the notary must redact that personal
				  information prior to release of the information.
(b) If any portion of the audio visual
				  recording of an online notarization includes biometric information or includes
				  an image of the identification card used to identify the principal, that
				  portion of the recording is confidential and shall not be released without
				  consent of the individual(s) whose identity is being established, unless
				  ordered by a court of competent jurisdiction or upon request by the secretary
				  of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter F - NOTARY RECORDS › Section 87.53 - Failure to Provide Public Information

Current through Reg. 49, No. 28; July 12, 2024
Failure of a notary public to promptly and adequately
					 respond to a request for public information in accordance with §
										RSA 87.52 of
					 this title (relating to Public Information) may be good cause for suspension or
					 revocation of a notary commission or other disciplinary action against the
					 notary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter F - NOTARY RECORDS › Section 87.54 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) Records of a
				  notarization other than an online notarization shall be retained, in a safe and
				  secure manner, for the longer of the term of the commission in which the
				  notarization occurred or three years following the date of
				  notarization.
(b) Records of an
				  online notarization shall be retained, in a safe and secure manner, for five
				  years following the date of the notarization. An online notary public must also
				  maintain a back-up of the electronic records for the same period of time. Both
				  the original records and the back-up shall be protected from unauthorized
				  use.