47.1-24 - Removal of notary by administrative process; surrender of commission; penalty.
§ 47.1-24. Removal of notary by administrative process; surrender ofcommission; penalty.
A. Whenever the Secretary shall have reason to believe that a notary has beenguilty of official misconduct pursuant to this chapter, or is otherwisesubject to removal from office, an evidentiary proceeding under theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall beheld.
B through D. [Repealed.]
E. If the Secretary determines that the notary is guilty of officialmisconduct or grounds exist for the removal of the notary and his casedecision is not thereafter reversed or suspended by a court of law, theSecretary may issue an order removing the notary from office, suspending thenotary from office for a period of time not to extend beyond the date ofexpiration of the notary's commission, or reprimanding the notary.
F. Upon being notified that an evidentiary proceeding has been initiatedunder this section, the notary who is the subject of such a proceeding shallforthwith cease to serve as a notary for a period of sixty days, or until hiscase has been decided, whichever period shall be shorter. If the Secretaryfinds that grounds for removal exist, such notary shall be further suspendedfrom serving as a notary until the Secretary has made a final disposition ofthe case under subsection E of this section; however, no notarial act shallbe deemed invalid solely by reason of having been performed by a notary whohas been suspended pursuant to this subsection.
G. Any notary ordered removed from office under this section shall forthwithmail or deliver his commission to the Secretary, who shall cancel the same.Any notary ordered suspended under this section shall forthwith surrender hiscommission to the Secretary for the duration of such suspension.
H. [Repealed.]
I. Any notary failing to deliver his commission to the Secretary pursuant toan order of the Secretary under this section shall be guilty of a Class 3misdemeanor.
(Code 1950, §§ 47-2.1 through 47-4.6, 47-4.8; 1972, c. 824; 1978, c. 621;1979, c. 410; 1980, c. 580; 1983, c. 435.)