HAR §5-11-16. Resignation of commission

(a) A notary public may resign the notary public's commission, and shall: (1) Surrender the notary public's commission certificate and rubber stamp notary seal as provided in sections 5-ll-5(e) and 5-11- 17(a) and provide to the attorney general the location of the journal as provided in section 5-11-9(f); and (2) Cease conducting all notarial services. (b) The resignation or surrender shall not bar jurisdiction by the attorney general to proceed with any investigation, action, or proceeding to revoke, suspend, condition, or limit the notary public's commission or fine the notary public. (c) A person may obtain a new commission by successfully applying as a new applicant should the person desire to engage in any notarial services. [Eff 5/5/08; comp 3/12/15; am and comp FEB 2 7 2022 ] (Auth: HRS §§28-10.8, 456-1.5, 456-8, 456-23) (Imp: HRS §§456-1, 456-3, 456-15, 456-24) §5-11-17 Surrender of notary public commission certificate and notary seal; retention of journal; failure to comply. (a) Within ninety days of resignation from, or revocation or abandonment of, a commission, or the expiration of a commission without renewal, the notary public shall: (1) Surrender the notary public's commission certificate, including the remote online notary public's commission certificate, if applicable, to the attorney general for the purpose of destruction; 11-13 (5'457 §5-11-17 (2) Surrender the notary public 1 s rubber stamp notary seal to the attorney general for the purpose of defacement; and (3) Retain, or cause to be retained, the notary public 1 s journal and inform the attorney general of the location of the journal. (b) Upon the death of a current notary public, the notary public 1 s employer, personal representative, or any other person knowingly in possession of the notary public's certificate or notary seal shall within ninety days fulfill the requirements of subsection (a) (1) and (2). (c) Upon the death of a current or former notary public, the notary public's employer, personal representative, or any other person knowingly in possession of the notary public's journal shall transmit the journal to the attorney general or a repository approved by the attorney general as provided in section 456-15(h), HRS, and notify the attorney general of the location of the repository. (d) Failure to comply with subsection (a) (2) may result in an administrative fine of not more than $200. Failure to comply with subsection (a) (3) or (c) may result in an administrative fine of no less than $50 and no more than $500. Failure to comply with any paragraph of subsection (a) shall preclude the reissuance of a notary public 1 s commission. Strict compliance with subsection (a) shall be a condition for the reissuance of a notary public's commission. 1Eff2 515J.OQ~; am and comp 3/12/15; am and comp FEB ZlZf (Auth: HRS §§28-10.8, 456-1.5, 456-8, 456-23) (Imp: HRS §§456-1, 456-3, 456-7, 456-15, 456-24) §5-11-18 Loss, misplacement, or theft of notary public certificate, notary seal, or journal. Within ten days after loss, misplacement, or theft of the notary public's notary seal or journal or both, a notary public shall transmit written notification to the attorney general of the loss, misplacement, or 11-14 ,345i