On June 2, 2011 Governor Susana Martinez rescinded Executive Order 2004-02 Errant Notary Public and issued Executive Order 2011-36 creating a Notary Compliance and Enforcement Unit under the authority of the Office of the Governor and the Superintendent of Regulation and Licensing Department. In accordance with Executive Order 2011-36 the Secretary of State will continue to act as the ministerial officer for the Governor and will provide notice of any alleged violation of the Notary Public Act by a notary public to the Governor whom appoints notaries public and is responsible for the their removal pursuant to Section 14-12A-26 NMSA 1978. Upon receipt of the alleged notary public violation the Secretary of State will forward the complaint to the newly created Notary Compliance and Enforcement Unit for investigation. Please click here to view Executive Order 2011-36.
Pursuant to Section 14-12A-26 NMSA 1978 the Governor may revoke the commission of any notary public who:
- submits an application for appointment as a notary public that contains a false statement;
- is or has pleaded guilty or nolo contendere to a felony or been convicted of a felony or of a misdemeanor arising out of a notarial act performed by him
- engages in the unauthorized practice of law;
- ceases to be a New Mexico resident; or
- commits a malfeasance in office.
B. A notary public’s commission may be revoked under the provision of this section only if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal.
C. Resignation or expiration of a commission does not terminate or preclude an investigation into the notary public’s conduct by the governor or by the attorney general, a district attorney or any law enforcement agency of this state, who may pursue the investigation to a conclusion, where upon it shall be made a matter of public record whether or not the finding would have grounds for revocation.
D. In lieu of revocation the Governor may deliver a written Official Warning to Cease Misconduct to any notary public whose actions are judged to be official misconduct.