Key Takeaways
- The Secretary of State may deny, suspend, revoke, or condition a notary commission
- Grounds include fraud, deceit, dishonesty, and lack of competence or integrity
- Criminal convictions involving fraud or dishonesty are grounds for discipline
- Failure to perform duties properly can result in action against your commission
- Notaries have a right to a hearing before adverse action is finalized
Last updated: January 2026
Grounds for Discipline
The Secretary of State has authority to take action against notary commissions when notaries fail to meet their obligations or engage in misconduct.
Possible Disciplinary Actions
| Action | Description |
|---|---|
| Denial | Refuse to issue commission to applicant |
| Non-Renewal | Refuse to renew existing commission |
| Suspension | Temporarily bar from performing notarial acts |
| Revocation | Permanently terminate commission |
| Condition | Impose requirements or limitations |
General Grounds for Discipline
The Secretary of State may take action for any act or omission demonstrating that an individual lacks the:
- Competence to act as a notary public
- Reliability to act as a notary public
- Integrity to act as a notary public
Specific Grounds for Discipline
Performance-Related Violations
| Ground | Example |
|---|---|
| Conflict of interest | Notarizing when you benefit from transaction |
| Prohibited family notarization | Notarizing for spouse when they benefit |
| Failure to properly identify | Not verifying signer's identity |
| Improper notarization | Certificate errors, procedural failures |
| Failure to require appearance | Notarizing for absent signer |
Character-Related Violations
| Ground | Example |
|---|---|
| Fraud | Falsifying notarial certificates |
| Deceit | Misleading signers about notary role |
| Dishonesty | Making false statements on application |
| Breach of duty | Failing to perform duties properly |
Criminal Convictions
| Conviction Type | Consequence |
|---|---|
| Felony (any) | Grounds for denial/revocation |
| Crime involving fraud | Grounds for denial/revocation |
| Crime involving dishonesty | Grounds for denial/revocation |
| Crime involving deceit | Grounds for denial/revocation |
Advertising Violations
| Ground | Example |
|---|---|
| False advertising | Claiming powers you don't have |
| Misleading advertising | Implying you're an attorney |
| Unfair/deceptive practices | "Notario" advertising |
| Material omissions | Failing to disclose required info |
Due Process Rights
Notaries have rights when facing disciplinary action:
| Right | Description |
|---|---|
| Written notice | Must be notified in writing of action taken |
| Reason stated | Must be told the grounds for action |
| Right to hearing | Entitled to hearing under Maine Administrative Procedure Act |
| Appeal | May appeal adverse decisions |
Hearing Process
- Notice - Secretary of State notifies notary of proposed action
- Grounds - Specific grounds for action are stated
- Request - Notary may request a hearing
- Hearing - Conducted under Administrative Procedure Act
- Decision - Final decision issued after hearing
Waiting Periods After Discipline
| Prior Action | Waiting Period |
|---|---|
| Commission revoked for misconduct | 5 years before reapplying |
| Conviction of relevant crime | 10 years after release/probation |
| Incarceration | Ineligible while incarcerated |
Protecting Your Commission
Best Practices
| Practice | Benefit |
|---|---|
| Follow all procedures | Avoid inadvertent violations |
| Maintain records | Evidence of proper conduct |
| Stay current on law | Know requirements and changes |
| When in doubt, decline | Better to refuse than err |
| Seek guidance | Contact SOS with questions |
Warning Signs of Trouble
Watch for these red flags and proceed carefully:
| Warning Sign | Action |
|---|---|
| Signer refuses proper ID | Decline notarization |
| Signer appears coerced | Decline, contact authorities if needed |
| Document appears altered | Decline notarization |
| Signer doesn't understand document | Suggest attorney |
| Request to backdate | Always refuse |
On the Exam
Key points:
- Grounds: Lack of competence, reliability, or integrity
- Actions: Denial, non-renewal, suspension, revocation, conditioning
- Criminal convictions: Fraud, dishonesty trigger discipline
- Due process: Right to notice and hearing
- Waiting period: 5 years after revocation, 10 years after conviction
Test Your Knowledge
If the Secretary of State proposes to revoke your notary commission, what right do you have?
A
B
C
D
Test Your Knowledge
After having a notary commission revoked for official misconduct, how long must you wait before reapplying in Maine?
A
B
C
D
Test Your Knowledge
Which of the following could be grounds for disciplining a Maine notary?
A
B
C
D