46-1-3 - Qualifications -- Commissioning -- Jurisdiction and term.
               	 		 46-1-3.    Qualifications -- Commissioning -- Jurisdiction and term.
      (1)  Except as provided in Subsection (3), the lieutenant governor shall commission as anotary any qualified person who submits an application in accordance with this chapter.
      (2)  A person qualified for a notarial commission shall:
      (a)  be 18 years of age or older;
      (b)  lawfully reside in this state 30 days immediately preceding the filing for a notarialcommission and maintain permanent residency thereafter;
      (c)  be able to read, write, and understand English;
      (d)  submit an application to the lieutenant governor containing no significantmisstatement or omission of fact and include at least:
      (i)  a statement of the applicant's personal qualifications, the applicant's residence address,a business address in this state, and daytime telephone number;
      (ii)  the applicant's age and date of birth;
      (iii)  all criminal convictions of the applicant, including any pleas of admission and nolocontendere;
      (iv)  all issuances, denials, revocations, suspensions, restrictions, and resignations of anotarial commission or other professional license involving the applicant in this or any otherstate;
      (v)  the acknowledgment of a passing score by the applicant on a written examinationadministered under Subsection (5);
      (vi)  a declaration by the applicant; and
      (vii)  an application fee determined under Section 63J-1-504;
      (e)  be a Utah resident or have permanent resident status under Section 245 of theImmigration and Nationality Act; and
      (f)  be endorsed by two residents of the state who are over the age of 18.
      (3)  The lieutenant governor may deny an application based on:
      (a)  the applicant's conviction for a crime involving dishonesty or moral turpitude;
      (b)  any revocation, suspension, or restriction of a notarial commission or professionallicense issued to the applicant by this or any other state;
      (c)  the applicant's official misconduct while acting in the capacity of a notary; or
      (d)  the applicant's failure to pass the written examination.
      (4)  A person commissioned as a notary by the lieutenant governor may perform notarialacts in any part of this state for a term of four years, unless the person resigned or thecommission is revoked or suspended under Section 46-1-19.
      (5)  Each applicant for a notarial commission shall take a written examination approvedby the lieutenant governor and submit the examination to a testing center designated by thelieutenant governor for purposes of scoring the examination.  The testing center designated bythe lieutenant governor shall issue a written acknowledgment to the applicant indicating whetherthe applicant passed or failed the examination.
Amended by Chapter 183, 2009 General Session