Current through Register Vol. 56, No. 6, March 18, 2024
(a) The State Treasurer may refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including:
1. Failure to comply with P.L. 2021, c. 179 (N.J.S.A. 52:7-10et seq.);
2. A fraudulent, dishonest, or deceitful misstatement or omission in the application for commission as a notary public submitted to the State Treasurer;
3. A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on fraud, dishonesty, or deceit, including, but not limited to, a violation of section 1 at P.L. 1997, c. 1 (N.J.S.A. 2C:21-31) or section 1 at P.L. 1994, c. 47 (N.J.S.A. 2C:21-22), but nothing in this paragraph shall be deemed to supersede P.L. 1968, c. 282 (N.J.S.A. 2A:168A-1et seq.);
4. A conviction of a crime of the second degree or above, but nothing in this paragraph shall be deemed to supersede P.L. 1968, c. 282 (N.J.S.A. 2A:168A-1et seq.);
5. Failure by the notary public to discharge any duty required by any law, including P.L. 2021, c. 179 (N.J.S.A. 52:7-10et seq.), any rules promulgated thereunder by the State Treasurer, and any other State or Federal law;
6. Use of false or misleading advertising or representation by the notary public representing that the notary is commissioned, licensed, or authorized to practice or engage in work that the notary is not commissioned, licensed, or authorized to engage in;
7. In the case of a notary public who is not an attorney licensed to practice law, any of the following:
i. Giving legal advice;
ii. Acting as an immigration consultant or an expert on immigration matters;
iii. Otherwise performing the duties of an attorney licensed to practice law in New Jersey;
iv. A disciplinary or other administrative action resulting in a finding of culpability if the applicant holds any professional license regulated by the State; or
v. Creating or reinforcing, by any means, a false impression that the person is licensed to engage in the practice of law in this State or any other state, including, but not limited to, committing a violation of P.L. 1994, c. 47 (N.J.S.A. 2C:21-22) or P.L. 1997, c. 1 (N.J.S.A. 2C:21-31);
8. Failure to take and subscribe to the oath pursuant to section 8 of P.L. 2021, c. 179 (N.J.S.A. 52:714.) within three months of the receipt of a notary public commission;
9. Withholding access to, or possession of, an original record or photocopy provided by a person who seeks performance of a notarial act by the notary public, except where allowed by law; or
10. The denial of an application for notary public in another state; the refusal to renew in another state; or the suspension, revocation, or other limitation of the commission of the notary public in another state.
(b) When the State Treasurer denies an application for a notary public; refuses to renew a commission of a notary public; or suspends, revokes, or otherwise limits the commission of a notary public, the State Treasurer shall provide written notice to the applicant or commission holder.
(c) The written notice at (b) above shall include:
1. The name, email address, and telephone number of a contact person at the Division of Revenue and Enterprise Services;
2. The specific details concerning the reasons for the denial; and
3. Notification that the person can submit a request for a hearing, in writing, to the Division's contact person.
(d) The request for a hearing must be received within 20 calendar days from the date the person received the notice of the denial and must include a detailed statement of the reasons that the person believes the State Treasurer's determination is improper, together with supporting documentation, if any. It should also include a statement as to whether the person is represented by legal counsel, and if so, the name, address, and telephone number of said counsel.
(e) Upon the Division's timely receipt of the items set forth at (d) above, it shall determine whether a contested case exists, and if it does, the Division shall transmit the matter to the Office of Administrative Law for a hearing as a contested case.
(f) If the person has either failed to file a timely appeal or has expressly waived the right to appeal, the decision shall become a final decision.
(g) All hearings pursuant to this section shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(h) Any appeal of the final agency decision shall be solely to the Appellate Division of the Superior Court within time limits allowed by New Jersey Court Rule 2:2-3. The final agency decision shall include notice to the appellant of the right to file an appeal to the Appellate Division, the time frames, and related procedures.
