RSA 455:16 · Misconduct, Penalties

455:16 Misconduct, Penalties. –

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I.

A person shall be subject to a civil penalty not to exceed $1,000 if such person:

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(a)

When applying for a commission as a notary public, negligently or recklessly makes a material false representation on the application form;

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(b)

Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act that is false;

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(c)

Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act for a person not personally known by the notary without first requiring the person to establish his or her identity; or

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(d)

Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act purporting to have witnessed the maker's signing of the document or purporting to have received the oath or affirmation of the person, when the notary did not actually witness the maker's signing of the document or did not actually receive the oath or affirmation of the person.

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II.

A person shall be guilty of a class A misdemeanor:

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(a)

If such person purposefully or knowingly commits any of the acts listed in paragraph I.

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(b)

If such person makes a notarial act, as defined by RSA 456-B:1, I, knowing he or she is not a person authorized by RSA 456-B:3 to perform a notarial act.

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III.

(a) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of paragraph I a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.

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(b)

The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund. Source. 2005, 118:6, eff. Jan. 1, 2006.

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