Disqualifications / Ineligibility

In some cases, a prospective notary public may not be eligible due to unprofessional conduct in their past. The reasons, as outlined by RCW 18.235.130 & RCW 42.45.210, are as follows:

 

RCW 18.235.130

Unprofessional conduct—Acts or conditions that constitute.

 

The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

 

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter  9.96A RCW. However, RCW  9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

 

(2) Misrepresentation or concealment of a material fact in obtaining or renewing a license or in reinstatement thereof;

 

(3) Advertising that is false, deceptive, or misleading;

 

(4) Incompetence, negligence, or malpractice that results in harm or damage to another or that creates an unreasonable risk of harm or damage to another;

 

(5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;

 

(6) Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by:

(a) Not furnishing any papers or documents requested by the disciplinary authority;

(b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the disciplinary authority;

(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or

(d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant;

 

(7) Failure to comply with an order issued by the disciplinary authority;

 

(8) Violating any of the provisions of this chapter or the chapters specified in RCW  18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW  18.235.020(2);

 

(9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;

 

(10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;

 

(11) Misrepresentation in any aspect of the conduct of the business or profession;

 

(12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;

 

(13) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter  9.96A RCW. However, RCW  9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130; 

 

(14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action; and

 

(15) Engaging in unlicensed practice as defined in RCW  18.235.010.

 

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RCW  42.45.210

Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

 

(1) In addition to conduct defined as unprofessional under RCW  18.235.130, the director may take action as provided for in RCW  18.235.110against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:

(a) Failure to comply with this chapter;

(b) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the department;

(c) A conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit;

(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;

(e) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the director, or any federal or state law;

(f) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;

(g) Violation by the notary public of a rule of the director regarding a notary public;

(h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state;

(i) Failure of the notary public to maintain an assurance as provided in RCW  42.45.200(4); or

(j) Making or noting a protest of a negotiable instrument without being a person authorized by RCW  42.45.030(5).

 

(2) If the director denies, refuses to renew, revokes, suspends, imposes conditions, or otherwise sanctions, a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter  34.05 RCW.

 

(3) The authority of the director to take disciplinary action on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.