Code of Virginia Code - Chapter 5. Removal

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Code of Virginia
Title 47.1. Notaries and Out-of-State Commissioners
Subtitle .
Chapter 5. Removal

11/23/2024

Chapter 5. Removal.

§ 47.1-24. Removal of notary by administrative process; surrender of commission; penalty.

A. Whenever the Secretary shall have reason to believe that a notary has been guilty of official misconduct pursuant to this chapter, or is otherwise subject to removal from office, an evidentiary proceeding under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be held.

B through D. [Repealed.]

E. If the Secretary determines that the notary is guilty of official misconduct or grounds exist for the removal of the notary and his case decision is not thereafter reversed or suspended by a court of law, the Secretary may issue an order removing the notary from office, suspending the notary from office for a period of time not to extend beyond the date of expiration of the notary's commission, or reprimanding the notary.

F. Upon being notified that an evidentiary proceeding has been initiated under this section, the notary who is the subject of such a proceeding shall forthwith cease to serve as a notary for a period of sixty days, or until his case has been decided, whichever period shall be shorter. If the Secretary finds that grounds for removal exist, such notary shall be further suspended from serving as a notary until the Secretary has made a final disposition of the case under subsection E of this section; however, no notarial act shall be deemed invalid solely by reason of having been performed by a notary who has been suspended pursuant to this subsection.

G. Any notary ordered removed from office under this section shall forthwith mail or deliver his commission to the Secretary, who shall cancel the same. Any notary ordered suspended under this section shall forthwith surrender his commission to the Secretary for the duration of such suspension.

H. [Repealed.]

I. Any notary failing to deliver his commission to the Secretary pursuant to an order of the Secretary under this section shall be guilty of a Class 3 misdemeanor.

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.

§ 47.1-25. Disqualification from office.

Any notary removed from office under the provisions of § 47.1-24 shall be disqualified from maintaining the commission of notary public in this Commonwealth for a period of twenty years, unless such disqualification is sooner removed by the Governor.

Code 1950, § 47-4.7; 1979, c. 410; 1980, c. 580; 2007, cc. 269, 590.