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thoughtanarchist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-08-05 03:00 AM
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By His Excellency
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While the executive order does lay out some good standards of conduct for notaries public, it also puts appointments and removals at his discretion.

http://www.sec.state.ma.us/pre/preidx.htm
center column scroll down for the link.
_________________________________

By His Excellency

MITT ROMNEY
GOVERNOR


REVISED EXECUTIVE ORDER NO. 455 (04-04)


STANDARDS OF CONDUCT FOR NOTARIES PUBLIC


WHEREAS, notaries public promote, serve, and protect the public interest by acting as independent witnesses in a variety of situations;

WHEREAS, notaries public currently lack specific guidance as to the nature and scope of their duties;

WHEREAS, it is important to foster ethical conduct among notaries public;

NOW, THEREFORE, I, Mitt Romney, Governor of the Commonwealth, by virtue of the authority vested in me as Supreme Executive Magistrate, Part 2, c. 2, § I, Art. I, do hereby order as follows:

Section 1: Applicability.

(a) This executive order shall apply to all notaries public, including notaries public who received their commission before the effective date of this executive order. These standards will be considered by the Governor in the selection, appointment, reappointment and removal of notaries public from their commissions.


<snip>

"Official misconduct" shall mean:

(a) a notary’s performance of any act prohibited, or failure to perform any act mandated, by this executive order, or by any other law, in connection with a notarial act; or

(b) a notary’s performance of an official act in a manner found to be grossly negligent or against the public interest.

<snip>
Section 3: Qualifications of Applicants.

(a) A person qualified for a notary public commission shall:
(1) be at least 18 years of age; and
(2) reside legally or conduct business on a regular basis within in Massachusetts.
(b) In the Governor's discretion, an application may be denied based on:
(1) submission of an official application containing a material misstatement or omission of fact;
(2) the applicant's felony conviction or misdemeanor conviction that resulted in a prison sentence;

(3) the applicant's conviction of a misdemeanor with probation or a fine, or conviction for drunk driving;

(4) the applicant's admission of facts sufficient to warrant a finding of guilt of any crime;

(5) a finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s deceit;
(6) revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state; or
(7) any other reasons that, within the Governor's discretion, would make the applicant unsuitable to hold the commission as a notary public.

<snip>
Section 15: Revocation of Commission.

A notary public's commission may be revoked for official misconduct as defined by this Executive Order, or for other good cause, as determined by the Governor with the consent of the Governor's Council as set forth in Article XXXVII of the Articles of Amendments to the Massachusetts Constitution.


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