Key Takeaways
- Malfeasance can result in commission removal or temporary revocation
- Permanent removal results in being forever disqualified
- Temporary revocation requires passing the exam again
- Fines can reach up to $5,000 for unauthorized acts
- Failure to surrender seal after removal = $1,000 penalty
Last updated: January 2026
Misconduct and Consequences
Nebraska Statute §64-113: Removal from Office
If the Secretary of State finds that a notary public is guilty of malfeasance in office, the Secretary may:
| Action | Description |
|---|---|
| Removal | Permanent removal from office |
| Temporary revocation | Commission suspended for a period |
Definition of Malfeasance
Malfeasance in office includes:
| Category | Examples |
|---|---|
| Failure to follow procedures | Improper notarization, missing seal |
| Violating confidentiality | Sharing protected information |
| Fraudulent practices | Falsifying signatures, notarizing without presence |
| Unauthorized acts | Providing legal advice, exceeding authority |
Consequences Summary
| Offense Level | Consequence |
|---|---|
| Minor procedural errors | Warning or training requirement |
| Repeated violations | Temporary revocation |
| Serious misconduct | Commission removal |
| Fraud | Permanent disqualification + criminal charges |
Permanent Removal
| Consequence | Details |
|---|---|
| Effect | Commission canceled |
| Duration | Forever |
| Reapplication | Never eligible to be Nebraska notary again |
| Seal/Commission | Must surrender to Secretary of State |
Temporary Revocation
| Consequence | Details |
|---|---|
| Effect | Commission suspended |
| Duration | As determined by Secretary of State |
| Reinstatement | Must pass the exam again |
| Seal/Commission | Returned after revocation period + exam |
Financial Penalties
| Violation | Penalty |
|---|---|
| Unauthorized notarial acts | Up to $5,000 |
| Failure to surrender seal after removal | $1,000 |
| Charging excessive fees | Civil liability |
| Fraudulent practices | Civil + criminal penalties |
Surrender Requirements After Removal
When removed or revoked, the notary must:
| Requirement | Details |
|---|---|
| Surrender commission | To Secretary of State |
| Surrender seal/stamp | To Secretary of State |
| Timing | Immediately upon removal order |
| Failure to comply | $1,000 penalty |
Investigation Process
The Secretary of State may investigate complaints against notaries:
| Step | Details |
|---|---|
| Complaint received | Anyone can file |
| Appointee assigned | Investigator designated |
| Subpoena power | Can require testimony, documents |
| Hearing | Notary may appear, cross-examine witnesses |
| Decision | Removal, revocation, or dismissal |
Defense Options
Notaries facing misconduct allegations may:
| Defense | Description |
|---|---|
| Demonstrate compliance | Show actions followed proper procedure |
| Prove good faith | Show any errors were unintentional |
| Present evidence | Provide documentation (journal entries, etc.) |
| Cross-examine | Question witnesses at hearing |
| Bring witnesses | Present witnesses on their behalf |
On the Exam
- Malfeasance = Misconduct in office
- Removal = Permanent, never eligible again
- Temporary revocation = Must pass exam again to return
- Failure to surrender seal = $1,000 penalty
- Unauthorized acts = Up to $5,000 fine
Test Your Knowledge
What happens to a notary who is permanently removed from office in Nebraska?
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Test Your Knowledge
A notary has their commission temporarily revoked. What must they do to have their commission returned?
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Test Your Knowledge
What is the penalty for a notary who fails to surrender their seal to the Secretary of State after being removed?
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D