The governor or secretary of state may revoke the commission of any notary public who during the current term of appointment:
(a) Submits an application for commission and appointment as a notary public which contains substantial and material misstatement or omission of fact;
(b) Is convicted of any felony or official misconduct under this chapter;
(c) Fails to exercise the powers or perform the duties of a notary public in accordance with this chapter;
(d) Is adjudged liable in any suit grounded in fraud, misrepresentation, impersonation or violation of the state regulatory laws of this state, if his liability is not solely by virtue of his agency or employment relationship with another who engaged in the act for which the suit was brought;
(e) Represents or implies from unauthorized use of his title of notary public that he has qualifications, powers, duties, rights or privileges that by law he does not possess;
(f) Allows or permits his name or his title of notary public to be used deceptively, fraudulently or in false or misleading advertising;
(g) Engages in the unauthorized practice of law;
(h) Ceases to be a citizen of the United States or a national of a country which permits American citizens to become notaries public therein;
(i) Ceases to be a qualified elector of a state;
(j) Ceases to have a business or residence address in this state; or
(k) Becomes incapable of reading and writing the English language.
A notary's commission may be revoked under the provisions of this chapter only if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal.
§29C-7-201. Action for injunction; unauthorized practice of law.
Upon his own information or upon complaint of any person, the attorney general, or his designee, may maintain an action for injunctive relief in circuit court against any notary public who renders, offers to render or holds himself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this state or by the secretary of state.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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