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RULE §87.31Good Cause

Good cause may include the following:

  (1) a false statement knowingly made in a notary public application;

  (2) 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;

  (3) use of the phrase "notario" or "notario publico" in connection with advertising or offering the services of a notary public;

  (4) false representation as an attorney as specified in §406.017, Government Code;

  (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 to utilize a correct notary seal as described in §406.013 and §406.101(5), Government Code and this chapter;

  (8) a failure to administer an oath or affirmation as required by law;

  (9) the collection of a fee in excess of the fees authorized by §406.024 and §406.111, Government Code;

  (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 notarial certificate at the time the notary public's signature and seal are affixed to the document;

  (12) the advertising or holding out in any manner 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) performing a notarization when the purported principal did not personally appear before the notary public at the time the notarization is executed;

  (15) previous disciplinary action against the notary public in accordance with these sections;

  (16) a failure to comply with, or violation of, a previous disciplinary action taken pursuant to §87.34 of this title (relating to Disciplinary Action);

  (17) a failure to promptly respond to a request for public information in accordance with §87.52 of this title (relating to Public Information);

  (18) a failure to properly identify the individual whose signature is being notarized;

  (19) a failure to keep a notary record as described in §406.014 and §406.108, Government Code, and Chapter 87 of this title;

  (20) a failure to include in the notarial certificate for an online notarization a notation that the notarization is an online notarization;

  (21) a failure to take reasonable steps to ensure that the two-way audio-visual communication used during an online notarization is secure from unauthorized interception;

  (22) a failure to safely and securely maintain notary materials;

  (23) performing a notarial act that the notary public is not authorized to perform;

  (24) use of a digital certificate or electronic seal that has expired or is no longer valid;

  (25) a failure to report a new digital certificate or electronic seal as required by §87.63 of this title (relating to Changes to Digital Certificate and Electronic Seal for Online Notary);

  (26) notarizing one's own signature;

  (27) a failure to pay the filing fee required by §406.007, Government Code, and §87.13 and §87.14 of this title (relating to Issuance of the Traditional Notary Public Commission by the Secretary of State and Issuance of the Online Notary Public Commission by the Secretary of State) or when such payment was made by an instrument that was dishonored when presented by the state for payment;

  (28) a failure to timely respond to a request for information from the secretary of state; and

  (29) a failure to maintain a current address as required by §406.019, Government Code.

Source Note: The provisions of this §87.31 adopted to be effective August 19, 2018, 43 TexReg 5355

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