Key Takeaways

  • Official misconduct includes performance of prohibited acts or failure to perform required acts
  • Negligent, illegal, or actions against public interest constitute misconduct
  • The Secretary of State can issue warnings, reprimands, suspensions, or revocations
  • Notaries are entitled to respond before disciplinary action is taken
  • Misconduct can result in personal liability for damages
Last updated: January 2026

Official Misconduct

Definition

Under CGS Section 3-94a, "official misconduct" means:

TypeDescription
Type APerformance of an act prohibited by general statutes
Type AFailure to perform an act mandated by general statutes
Type BPerformance of a notarial act in a manner that is negligent, illegal, or against the public interest

Examples of Official Misconduct

Misconduct CategoryExamples
Prohibited actsNotarizing without signer present; self-notarization
Failure to actNot taking oath of office; not recording commission
Negligent performanceNot verifying identity properly; careless certificate completion
Illegal actionsKnowingly notarizing false documents; charging excessive fees
Against public interestNotarizing for incapacitated person; ignoring suspicious circumstances

Disciplinary Actions

The Secretary of State is empowered to take the following actions for official misconduct:

Disciplinary ActionSeverity
Written warningLeast severe
Official reprimandFormal criticism
Temporary suspensionCommission suspended for period
Permanent revocationCommission permanently cancelled

Due Process Rights

Before any disciplinary action is taken:

RightProtection
NoticeNotary is informed of charges/complaints
Opportunity to respondNotary can present their side
Fair procedureFollows Uniform Administrative Procedures Act
Hearing rightsCGS Sections 4-166 through 4-189 apply

Grounds for Denial/Revocation

The Secretary of State may deny or revoke a commission for:

GroundDescription
Felony convictionAny felony offense
Moral turpitudeCrimes involving dishonesty
Previous revocationPrior commission revoked
Notarial misconductAny official misconduct
Application fraudMisrepresentation on application
Test Your Knowledge

What is considered "official misconduct" under Connecticut law?

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D