(A) The liability, sanctions, and remedies for the improper performance of electronic notarial acts, or for providing false or misleading information in registering to perform electronic notarial acts, by an electronic notary public are the same as provided by law for the improper performance of nonelectronic notarial acts. (B)(1) The Secretary of State may terminate an electronic notary public's registration for one or more of the following reasons: (a) the submission of an electronic registration form containing a material misstatement or omission of fact; (b) the failure to maintain the capability to perform electronic notarial acts; or (c) official misconduct by the electronic notary public. (2) If the Secretary of State terminates an electronic notary public's registration, then the Secretary of State shall send written notice by certified mail to the electronic notary public at his last known address. A person who has had his electronic notary public registration terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court. lic registration terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court. (3) Neither resignation nor expiration of a notary commission or of an electronic notary public registration precludes or terminates an investigation by the Secretary of State into an electronic notary public's conduct. The investigation may be pursued to a conclusion, when it must be made a matter of public record whether the finding would have been grounds for the termination of the electronic notary public's commission or registration. HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
South Carolina Legal Code