NRS 240.150
Liability for misconduct or neglect

  • liability of employer
  • penalties for willful violation or neglect of duty
  • procedure upon revocation or suspension.

1.

For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.

2.

The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:

(a)

The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and

(b)

The employer of the notary public consented to the misconduct of the notary public.

3.

The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.

4.

Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraph (c) of subsection 2 of NRS 240.010:

(a)

The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;

(b)

The appointment of the notary public may be revoked after a hearing; or

(c)

The notary public may be assessed a civil penalty of not more than $2,000 for each violation.

5.

If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:

(a)

Notify the notary public in writing of the revocation or suspension;

(b)

Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and

(c)

If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension.

6.

Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.

7.

The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.

Source: Section 240.150 — Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension., https://www.­leg.­state.­nv.­us/NRS/NRS-240.­html#NRS240Sec150.

240.010
Appointment by Secretary of State
240.015
General qualifications
240.017
Regulations of Secretary of State.
240.018
Courses of study for mandatory training of notaries public
240.020
Powers limited to areas within this State
240.030
Application for appointment
240.031
Annual submission of copy of business license by resident of adjoining state.
240.033
Requirements for bond
240.036
Amended certificate of appointment: Required for certain changes in information
240.040
Use of stamp
240.045
Replacement of lost or inoperable stamp
240.051
Actions required upon resignation or death of notary public.
240.060
Powers of notary public.
240.061
Performance of authorized notarial acts
240.062
Personal knowledge of identity.
240.063
Evidentiary effect of signature
240.065
Restrictions on powers of notary public
240.075
Prohibited acts.
240.085
Advertisements in language other than English to contain notice if notary public is not an attorney
240.100
Fees for services
240.110
Posting of table of fees.
240.120
Journal of notarial acts: Duty to maintain
240.130
Only authorized fees to be charged.
240.143
Unlawful possession of certain personal property of notary public.
240.145
Unlawful reproduction or use of completed notarial certificate
240.147
Unlawful destruction, defacement or concealment of notarial record.
240.150
Liability for misconduct or neglect
240.0155
Prohibition on collecting social security numbers or alternative personally identifying number from notary public or applicant for appointment as notary public.
240.155
Notarization of signature of person not in presence of notary public unlawful
Last Updated

Feb. 5, 2021

§ 240.150’s source at nv​.us