Notary exams › California › Misconduct and penalties
California notary rules: misconduct and penalties
What the California Notary Public Handbook says about misconduct and penalties, as 7 exam-style questions with the answer and the exact rule.
Notary course, bond or insurance provider? Feature it at the top of this page — $49 for 30 days →
- According to Section 8214.15, who determines the imposition of civil penalties if a hearing is requested?The hearing officer. The handbook states that while the Secretary of State imposes penalties if no hearing is requested, a hearing officer makes the determination if a hearing is requested.California Notary Public Handbook, page 38: “If a hearing is requested, the hearing officer shall make the determination.”
- Who is authorized to bring a civil action to recover the penalty for willful violations of specified notary sections?The Attorney General, district attorney, city attorney, or city prosecutor. The handbook lists the Attorney General, district attorney, city attorney, and city prosecutor as the entities empowered to bring the civil action for recovery.California Notary Public Handbook, page 35: “which may be recovered in a civil action brought by the Attorney General or the district attorney or city attorney, or by a city prosecutor in any city and county.”
- Under Section 6203, what is the specific criminal classification for an officer who knowingly makes and delivers a false certificate or writing?A misdemeanor. The statute defines the offense of making a knowingly false certificate as a misdemeanor.California Notary Public Handbook, page 44: “Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he or she makes and delivers as true any certificate or writing containing statements which he or she knows to be false.”
- Who is authorized to bring an action to impose a civil penalty for a notary's failure to obtain a required thumbprint?The Secretary of State in an administrative proceeding or any public prosecutor in superior court. The law grants standing to both the Secretary of State and any public prosecutor to initiate these penalty actions.California Notary Public Handbook, page 39: “An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment.”
- Which of the following acts constitutes a felony under Section 8214.2 when performed by a notary public?Knowingly performing a notarial act on a deed of trust for a single-family residence with knowledge that the deed contains false statements. Section 8214.2 specifically defines this scenario involving a deed of trust on a single-family residence as a felony offense.California Notary Public Handbook, page 38: “A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony.”
- Who is authorized to bring a civil action to recover civil penalties against a person providing notary public education who violates Secretary of State regulations?The local district attorney, city attorney, or the Attorney General. The law specifically grants the authority to sue for these penalties to the local district attorney, city attorney, or Attorney General.California Notary Public Handbook, page 29: “The local district attorney, city attorney, or the Attorney General may bring a civil action to recover the civil penalty prescribed pursuant to this subdivision.”
- Where are civil penalties collected under Section 8214.15 transferred?To the General Fund. The handbook mandates that collected civil penalties be transferred to the General Fund.California Notary Public Handbook, page 38: “Any civil penalties collected pursuant to this section shall be transferred to the General Fund.”