Possible Change in California Notary Law (Urgent)

Notice of Proposed Regulatory Action for Notaries Public in California:

Notice was given this month by the Secretary of State that under authority established in California Government Code 8220, the California Secretary of State proposes to implement, interpret or make specific Section 20804 of the California Code of Regulations by revising the California Notary Disciplinary Guidelines set forth in 2001.

There are no plans for a public hearing on this unless there is an objection, which is why it is so important you weigh in on this as a notary public in the state of California! If there is no interest or hearing, it will become adopted as part of Notary Public Disciplinary Guidelines.

The purpose stated for revising the Notary Public Disciplinary Guidelines of 2001 is as follows:

1. To reflect the changes in law made by several statutes. These statutes are: Statues of 2003, Chapter 513, Statutes of 2007, chapter 496, Statues of 2007, chapter 339, Statutes of 2008, chapter 67, and Statutes of 2011, chapter 269.

2. To clarify the Secretary of State's process for handling cases that have gone to an administrative hearing and petitions for reinstatement or reduction of penalty and;

3. To incorporate the Secretary of State's experience in the last decade in dealing with offenses and misconduct by applicants for appointment as a notary public and commissioned notaries public.

The disciplinary guidelines are designed essentially to facilitate due process and give consistency for reviewing applications, investigating alleged violations of California notary laws and instituting administrative disciplinary actions. They are also designed to assist administrative law judges, attorneys, notaries public, notary public applicants, and others involved in the disciplinary process. These guidelines were last revised effective March 31, 2001 to require stricter qualifications for both notary public applicants and commissioned notaries public with convictions.