Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief

1. The Secretary of State may appoint notaries public in this State. 2. The Secretary of State shall not appoint as a notary public a person: (a) Who submits an application containing a substantial and material misstatement or omission of fact. (b) Whose previous appointment as a notary public in this State or another state has been revoked for cause. (c) Who, except as otherwise provided in subsection 3, has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to: (1) A crime involving moral turpitude; or (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity, Ê if the Secretary of State is aware of such a conviction or plea before the Secretary of State makes the appointment. (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending. (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018. 3. A person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that: (a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later; (b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable; (c) The person possesses his or her civil rights; and (d) The crime for which the person was convicted or entered a plea is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2. 4. A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State. 5. It is unlawful for a person to: (a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter, or if his or her appointment is expired, revoked or suspended or is otherwise not in good standing. (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact. (c) Violate any provision of this chapter, including, without limitation, the provisions of NRS 240.085. 6. Any person who violates a provision of paragraph (a) of subsection 5 is liable for a civil penalty of not more than $2,000 for each violation, plus reasonable attorney’s fees and costs. 7. Any person who is aware of a violation of this chapter by a notary public or a person applying for appointment as a notary public may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint. 8. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5 and recover any penalties, attorney’s fees and costs.