47.1-23 - Grounds for removal from office.
§ 47.1-23. Grounds for removal from office.
The Secretary may revoke the commission of any notary who:
1. Submits or has submitted an application for commission and appointment asa notary public which contains a substantial and material misstatement offact;
2. Is convicted or has been convicted of any felony under the laws of theUnited States or this Commonwealth, or the laws of any other state, unlessthe notary has been pardoned for such offense, has had his conviction vacatedby a granting of a writ of actual innocence, or has had his rights restored;
3. Is found to have committed official misconduct by a proceeding as providedin Chapter 5 (§ 47.1-24 et seq.) of this title;
4. Fails to exercise the powers or perform the duties of a notary public inaccordance with this title; provided that if a notary is adjudged liable inany court of this Commonwealth in any action grounded in fraud,misrepresentation, impersonation, or violation of the notary laws of theCommonwealth, such notary shall be presumed removable under this section;
5. Performs a prohibited act pursuant to § 47.1-15 of this title;
6. Is convicted of the unauthorized practice of law pursuant to § 54.1-3904,or is a licensed attorney at law whose license is suspended or revoked;
7. Ceases to be a citizen of the United States;
8. Becomes incapable of reading or writing the English language;
9. Is adjudicated mentally incompetent; or
10. Fails to keep the official physical seal, journal, or device, coding,disk, certificate, card, software, or passwords used to affix the notary'sofficial electronic signature or seal under the exclusive control of thenotary when not in use.
(Code 1950, § 47-2; 1962, p. 687; 1976, c. 559; 1979, c. 14; 1980, c. 580;1983, c. 435; 2007, cc. 269, 590.)