HAR §5-11-4.5. Prohibited acts

(a) A notary public shall not do any of the following: (1) Refuse to perform a lawful and proper notarial act because of the race; sex, including gender identity or expression; sexual orientation; color; ancestry; nationality; ethnicity; religion; politics; advanced age; or disability, including the use of a service animal, of the person appearing before the notary public; or any disagreement with the statements or purpose of a document; (2) Base the charging of a fee for performing a notarial act or the amount of the fee on the race; sex, including gender identity or expression; sexual orientation; color; ancestry; nationality; ethnicity; religion; politics; advanced age; or disability, 11-6 3 451 §5-11-5 including the use of a service animal, of the person appearing before the notary public; or any disagreement with the statements or purpose of a document; (3) Notarize the notary public's own signature; (4) Perform a notarial act if the notary public has an actual and apparent conflict of interest regarding the transaction in question; (5) Deliver a signed notarial certificate to another person and authorize that person to attach the certificate to a document outside of the notary public's presence; or (6) Provide legal advice, unless the notary public is an attorney licensed to practice law in this State. (b) Nothing contained in this section shall be construed to limit or deny the enforcement of any provision of chapters 456 and 502, HRS, or this chapter. (c) Nothing contained in subsection (a) (2) shall be construed to prohibit reducing or waiving a fee at the notary public's discretion, provided that doing so is not done for an unlawful or discriminatory purpose. [Eff and comp FEB 2 7 2022 ] (Auth: HRS §§28- 10. 8, 456-1.5, 456-8, 456-23) (Imp: HRS §§456-1, 456-1.5, 456-2, 456-9, 456-17, 456-22, 456-23, 456-24, 456-26)