Md. Code Regs. 01.02.08.11

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.08.11 - Enforcement Actions

A. Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a), Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public.

B. Acts or omissions found in State Government Article, §18-104(a)(1)(i) -(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public.

C. Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulation adopted by the Secretary of State, include but are not limited to:

(1) Failure to adequately identify a signer under the standards set forth in State Government Article, §18-206(a) or (b), Annotated Code of Maryland;

(2) Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §18-215, Annotated Code of Maryland;

(3) Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter;

(4) Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §18-219, Annotated Code of Maryland; and

(5) Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)-(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland.

D. A notary public convicted of a felony or crime involving fraud, dishonesty, or deceit shall report the conviction to the Office of the Secretary of State within 10 days of the conviction or within 10 days after they are released from incarceration, whichever is later. Failure to properly report under this paragraph may result in an enforcement action against the notary public under this regulation.

Md. Code Regs. 01.02.08.11

Regulation .11 adopted effective 47:20 Md. R. 874, eff. 10/5/2020; amended effective 49:23 Md. R. 995, eff. 11/14/2022