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31.0309 Qualifications.

Cite as [A.S.C.A. § 31.0309]

(a) Except as provided in subsection (c), the Secretary shall issue a notary commission to any qualified person who submits an application in accordance with this article.

(b) A person qualified for a notary commission shall:

(1) be at least 18 years of age;

(2) have a regular place of work or business in the Territory of American Samoa, as defined in section 31.0307(p);

(3) reside legally in the Territory of American Samoa;

(4) read and write English;

(5) pass a course of instruction requiring a written examination under section 31.0316; and

(6) submit fingerprints to allow a criminal background check.

(c) The Secretary may deny an application based on:

(1) submission of an official application containing material misstatement or omission of fact;

(2) revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or territory or nation, but in no case may a commission be issued to the applicant within 5 years after such disciplinary action; or

(3) an official finding that the applicant had engaged in official misconduct as defined in section 31.0307(l), whether or not disciplinary action resulted.

(d) The Secretary shall deny an application based on:

(1) the applicant’s conviction or plea of admission or nolo contendere for any felony;

(2) the applicant’s conviction or plea of admission or nolo contendere for any misdemeanor involving dishonesty or moral turpitude;

(3) a finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s deceit;

(e) Denial of an application may be appealed by filing in proper form with the Office of the Administrative Law Judge within 30 days after denial, except that an applicant may not appeal when the Secretary within 5 years prior to the application has:

(1) denied or revoked for disciplinary reasons any previous application, commission, or license of the applicant; or

(2) made a finding under section 31.0358(d) that grounds for revocation of the applicant’s commission existed.

History: 2008, PL 30-18.