§29C-7-101 Revocation of commission. - West Virginia Statutes

§29C-7-101. Revocation of commission.

The governor or secretary of state may revoke the commission of any notary public who during the current term of appointment:

(a) Submits an application for commission and appointment as a notary public which contains substantial and material misstatement or omission of fact;

(b) Is convicted of any felony or official misconduct under this chapter;

(c) Fails to exercise the powers or perform the duties of a notary public in accordance with this chapter;

(d) Is adjudged liable in any suit grounded in fraud, misrepresentation, impersonation or violation of the state regulatory laws of this state, if his liability is not solely by virtue of his agency or employment relationship with another who engaged in the act for which the suit was brought;

(e) Represents or implies from unauthorized use of his title of notary public that he has qualifications, powers, duties, rights or privileges that by law he does not possess;

(f) Allows or permits his name or his title of notary public to be used deceptively, fraudulently or in false or misleading advertising;

(g) Engages in the unauthorized practice of law;

(h) Ceases to be a citizen of the United States or a national of a country which permits American citizens to become notaries public therein;

(i) Ceases to be a qualified elector of a state;

(j) Ceases to have a business or residence address in this state; or

(k) Becomes incapable of reading and writing the English language.

A notary's commission may be revoked under the provisions of this chapter only if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal.