| (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.
(b) If an individual has been commissioned as a notary
public under both Subchapters A and C of Chapter 406, Government Code,
the office has the discretion to pursue revocation of either the online
notary public commission alone or both the traditional and online
notary public commission.
(c) If no agreement can be reached, before taking action
to suspend or revoke the notary public commission, the secretary of
state shall give written notice to the notary of a right to a hearing
in accordance with the rules of practice and procedure before the
secretary of state. If a hearing is timely requested, the secretary
of state shall follow the provisions of the Administrative Procedure
Act, Chapter 2001, Texas Government Code governing the initiation
and conduct of a contested case proceeding.
(d) It is within the secretary of state's discretion
to determine that no action should be taken or to enter into an agreement
with the notary public regarding the appropriate action. The secretary
of state shall close a complaint file upon a determination that no
further action is necessary or conclusion of an agreement with the
notary public. After a complaint file is closed, the secretary of
state will take no further action on the complaint and will not accept
an additional complaint with the same or substantially similar allegations.
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