AnalysisUnder California law, the Secretary of State commissions, regulates, investigates and disciplines Notaries Public. The purpose of the Notary Public Disciplinary Guidelines is to facilitate due process and maintain consistency in reviewing applications, investigating alleged violations of laws by Notaries and instituting administrative disciplinary actions. The Guidelines are used by administrative law judges, attorneys, Notaries, applicants for a Notary commission and others involved in the disciplinary process.The new Guidelines, which become a part of the Notary Public regulations in the Code of California Regulations, were revised due to the following reasons: (1) To reflect the changes in law made by AB 1210, effective January 1, 2004, AB 434 and AB 886, effective January 1, 2008, AB 2452, effective January 1, 2009, and AB 75, effective January 1, 2012; (2) to clarify the Secretary of State’s process for handling cases that have gone to an administrative hearing and petitions for reinstatement or reduction of penalty; and (3) to incorporate the Secretary of State’s experience in the last decade in dealing with offenses and misconduct by applicants for appointment as a Notary and commissioned Notaries. The benefits of the new Guidelines include: (1) Incorporating the legislative changes to make them consistent with state law; (2) incorporating policy decisions about the duration of time between release from parole or probation; (3) making changes to clarify the Guidelines; and (4) making the Guidelines more easily readable and understandable.
Read the text of the Disciplinary Guidelines.
Read the notice of filing of the final rule adopting the Disciplinary Guidelines.
Read the notice of proposed rulemaking.