Key Takeaways
- Secretary of State may investigate complaints against notaries
- Violations may result in suspension, revocation, or admonishment
- 2025 law allows quicker disciplinary action without hearing
- Failure to cooperate with investigation can result in automatic revocation
- Revoked notaries may be permanently barred from reappointment
Last updated: January 2026
Disciplinary Actions & Consequences
The Ohio Secretary of State has broad authority to investigate and discipline notaries who violate Ohio law. Understanding the disciplinary process and potential consequences is essential for every notary.
Grounds for Disciplinary Action
The Secretary of State may take action against a notary for:
| Violation Category | Examples |
|---|---|
| Misconduct | Notarizing without personal appearance |
| Incompetence | Repeated errors in notarial acts |
| Dishonesty | Knowingly notarizing false documents |
| Fraud | Participating in fraudulent schemes |
| UPL | Providing legal advice |
| Certificate violations | Using wrong certificate type |
| Failure to administer oath | For jurats, not administering required oath |
2025 Law Changes (House Bill 315)
House Bill 315 made significant changes to the disciplinary process:
| Previous Law | 2025 Changes |
|---|---|
| Hearing required before revocation | Hearing no longer required |
| Slower disciplinary process | Quicker action possible |
| Standard for investigation | SOS may revoke based on court order |
| Cooperation not specified | Failure to cooperate = automatic revocation |
Investigation Process
How Investigations Begin
| Trigger | Description |
|---|---|
| Complaint | Signed complaint from any person |
| SOS initiative | Secretary of State believes violation occurred |
| Court order | Judicial finding of misconduct |
Investigation Steps
- Complaint received or issue identified
- Initial review by Secretary of State's office
- Investigation conducted (may include requesting records)
- Notary notification and opportunity to respond
- Determination of whether violation occurred
- Disciplinary action if warranted
Types of Disciplinary Actions
Suspension
| Aspect | Details |
|---|---|
| Effect | Cannot perform notarial acts during suspension |
| Duration | Specified period OR until condition met |
| Condition example | Complete retraining course |
| Record | Placed in notary's file |
Revocation
| Aspect | Details |
|---|---|
| Effect | Complete loss of notary commission |
| Permanent bar | May be barred from future commissions |
| Seal | Must be destroyed immediately |
| Record | Permanent record of revocation |
Letter of Admonishment
| Aspect | Details |
|---|---|
| Effect | Formal warning placed in record |
| Commission | Remains active |
| Future impact | Considered in future violations |
Failure to Cooperate
2025 Change: A notary who fails to cooperate with an official investigation may have their commission automatically revoked.
| Cooperation Requirement | What It Means |
|---|---|
| Respond to inquiries | Answer questions from SOS |
| Provide records | Submit journal, records as requested |
| Appear for interviews | If requested by investigators |
| Honest responses | Truthful information required |
Permanent Bar from Reappointment
Under the 2025 law:
- A notary whose commission is revoked is no longer eligible for reappointment
- This is a permanent bar from future commissions
- There is no provision for reinstatement after revocation
| Commission Status | Eligible for Future Commission? |
|---|---|
| Expired | Yes, apply for renewal |
| Resigned | Yes, apply as new applicant |
| Suspended | Depends on conditions |
| Revoked | No—permanent bar |
Specific Grounds for Revocation (2025 Update)
The Secretary of State may revoke if investigation determines the notary:
| Ground | Explanation |
|---|---|
| Lack of honesty | Fraudulent or dishonest conduct |
| Lack of integrity | Actions that undermine trust |
| Lack of competence | Repeated improper notarizations |
| Lack of reliability | Failure to follow procedures |
| Failure to administer oath | For jurats requiring oath |
| No personal appearance | Notarizing without signer present |
Civil and Criminal Consequences
Beyond administrative action, notaries may face:
| Consequence | For What |
|---|---|
| Civil lawsuits | Damages caused by improper notarization |
| Bond claims | If bonded, claims against the bond |
| Criminal charges | Forgery, fraud, perjury |
| Federal charges | Immigration fraud, federal document fraud |
On the Exam
Key disciplinary points:
- Who investigates: Secretary of State
- 2025 changes: No hearing required, quicker action
- Failure to cooperate: Automatic revocation
- Revocation consequence: Permanent bar from reappointment
- Types of action: Suspension, revocation, admonishment
- Grounds: Misconduct, incompetence, dishonesty, fraud
Test Your Knowledge
Under the 2025 Ohio law changes, what can happen if a notary fails to cooperate with an official investigation?
A
B
C
D
Test Your Knowledge
If an Ohio notary's commission is revoked, can they apply for a new commission in the future?
A
B
C
D