<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 01.02.08.11" title_num="01" subtitle_num="02" chapter_num="08" heading="Enforcement Actions.">
  <paragraph num="A.">
    <text>Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a), Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on 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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Acts or omissions found in State Government Article, §18-104(a)(1)(i)—(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulations adopted by the Secretary of State, include but are not limited to:</text>
    <paragraph num="(1)">
      <text>Failure to adequately identify a signer under the standards set forth in State Government Article, §18-206(a) or (b), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §18-215, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §18-219, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)—(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A notary public convicted of a felony or crime involving fraud, dishonesty, or deceit shall report the conviction to the Office of the Secretary of State within 10 days of the conviction or within 10 days after they are released from incarceration, whichever is later. Failure to properly report under this paragraph may result in an enforcement action against the notary public under this regulation.</text>
  </paragraph>
</regulation>