Key Takeaways
- Official misconduct is a petty offense in Colorado
- Penalties can include jail time, fines, or both
- Notary and surety are liable for damages caused by misconduct
- Commission can be denied, suspended, or revoked for violations
- Willful impersonation of a notary is also a crime
Last updated: January 2026
Official Misconduct and Penalties
Colorado takes notary misconduct seriously. Understanding the consequences helps notaries maintain proper conduct.
Official Misconduct (C.R.S. 24-21-531)
Definition
A notary public who knowingly and willfully violates the duties imposed by RULONA commits official misconduct.
Criminal Classification
| Classification | Description |
|---|---|
| Offense level | Petty offense |
| Type | Criminal violation |
| Intent required | Knowing and willful |
Possible Penalties
| Penalty Type | Description |
|---|---|
| Jail time | Possible incarceration |
| Fines | Monetary penalties |
| Both | Combination of jail and fines |
Civil Liability
Personal Liability for Damages
| Liable Party | For What |
|---|---|
| Notary public | Damages caused by misconduct |
| Surety/sureties | If bond exists, may cover damages |
Notaries can be personally sued for damages caused by their official misconduct.
Commission Actions (C.R.S. 24-21-523)
The Secretary of State may take the following actions:
| Action | When Applicable |
|---|---|
| Deny application | Disqualifying factors exist |
| Refuse to renew | Misconduct during term |
| Suspend commission | Pending investigation |
| Revoke commission | Serious violations |
| Impose conditions | Remedial requirements |
Grounds for Commission Action
| Ground | Description |
|---|---|
| Material misstatement | False information in application |
| Felony conviction | Any felony, ever |
| Misdemeanor (dishonesty) | Within prior 5 years |
| Failure to perform duties | Not exercising powers properly |
| False advertising | Misleading claims about authority |
| Unauthorized practice of law | Court finding of UPL |
| Loss of qualifications | No longer meeting requirements |
| Notarizing blank documents | Statutory violation |
Nondisciplinary Actions
When misconduct doesn't warrant formal discipline:
| Action | Description |
|---|---|
| Letter of admonition | Warning placed in file |
| Educational requirements | Additional training |
| Monitoring | Increased oversight |
Due Process Rights
| Right | Description |
|---|---|
| Notice | Entitled to timely notice |
| Hearing | Administrative hearing available |
| Appeal | May appeal under State Administrative Procedure Act |
Related Crimes
Impersonation (C.R.S. 24-21-532)
| Crime | Description |
|---|---|
| Willful impersonation | Pretending to be a notary |
| Applies to | Non-notaries acting as notaries |
| Classification | Criminal offense |
Other Criminal Violations
| Violation | Potential Charges |
|---|---|
| Forging signatures | Forgery charges |
| Knowingly notarizing fraud | Fraud charges |
| Perjury | If under oath |
| Conspiracy | If part of scheme |
On the Exam
- Official misconduct: Petty offense
- Penalties: Jail, fines, or both
- Liability: Personal liability for damages
- Commission: Can be denied, suspended, or revoked
- Intent: Must be knowing and willful for criminal charge
Test Your Knowledge
What is the criminal classification for official misconduct by a Colorado notary?
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Test Your Knowledge
Who can be held liable for damages caused by a notary's official misconduct?
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