| (a) Good cause as stated in §87.41 of this title (relating
to Rejection of Application and Revocation of Commission) may include, but
not be limited to, the following:
(1) a final conviction for a crime involving moral turpitude;
(2) any false statement knowingly made in an application for
appointment or reappointment as a notary public;
(3) 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;
(4) use of the phrase "notario" or "notario publico" to advertise
the services of a notary public or any other false representation as an attorney
as specified in the Texas Government Code, §406.017.
(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 by the notary public to utilize a correct notary
seal as described in the Notary Public Act, §406.013;
(8) a failure to administer an oath or affirmation as required
by law;
(9) the collection of a fee in excess of those authorized by
the Texas Government Code, §406.024;
(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 acknowledgment at the time the
notary public's signature and seal are affixed to the document;
(12) the advertising in any manner whatsoever 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) taking an acknowledgment when the person whose signature
is acknowledged did not personally appear before the notary at the time of
taking the acknowledgment;
(15) previous disciplinary action against the notary public
in accordance with these sections; and
(16) a failure to comply with, or violation of, a previous
disciplinary action taken pursuant to §87.48 of this title (relating
to Other Disciplinary Action).
(b) A crime involving moral turpitude means the commission
of a crime mala in se (an offense that is evil or wrong from its own nature
or by natural law irrespective of statute) which may include, but not be limited
to:
(1) Class A and B type misdemeanors; and
(2) felony convictions which have not been set aside, or for
which no pardon or certificate of restoration of citizenship rights have been
granted.
(c) The dismissal and discharge of proceedings under either
the misdemeanor adult probation and supervision law or the adult probation,
parole, and mandatory supervision law shall not be considered a conviction
for the purposes of determining good cause.
(d) Final Class C type misdemeanor convictions shall not be
considered in determining good cause.
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| Source Note: The provisions of this §87.43 adopted to be effective January 1, 1976; amended to be effective January 26, 1981, 6 TexReg 153; amended to be effective February 25, 1988, 13 TexReg 778; amended to be effective October 7, 1992, 17 TexReg 6547; amended to be effective October 18, 2001, 26 TexReg 8019 |
