46-1-3. Qualifications -- Application for notarial commission required -- Term.
(1) Except as provided in Subsection, and subject to Section, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter. (4) 46-1-3.5
(2) To qualify for a notarial commission an individual shall: be at least 18 years old; lawfully reside in the state or be employed in the state for at least 30 days immediately before the individual applies for a notarial commission; be able to read, write, and understand English; submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes: the individual's: name as it will appear on the commission; residential address; business address; daytime telephone number; and date of birth; an affirmation that the individual meets the requirements of this section; an indication of any criminal convictions the individual has received, including a plea of admission or no contest; all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state; an indication that the individual has passed the examination described in Subsection; and (6) payment of an application fee that the lieutenant governor establishes in accordance with Section; 63J-1-504 be a United States citizen; or have permanent resident status under Section 245 of the Immigration and Nationality Act; and submit to a background check described in Subsection. (3)
(3) The lieutenant governor shall: request the Division of Human Resource Management to perform a criminal background check under Subsectionon each individual who submits an application under this section; 53-10-108(16) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection; and 53-10-108(4) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section. The Division of Human Resource Management shall: perform a criminal background check under Subsectionon each individual described in Subsection; and 53-10-108(16) (3)(a)(i) provide to the lieutenant governor all information that pertains to the individual described in Subsectionthat the department identifies or receives as a result of the background check. (3)(a)(i)
(4) The lieutenant governor may deny an application based on: the applicant's conviction for a crime involving dishonesty or moral turpitude; any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state; the applicant's official misconduct while acting in the capacity of a notary; or the applicant's failure to pass the examination described in Subsection. (6)
(5) An individual whom the lieutenant governor commissions as a notary: may perform notarial acts in any part of the state for a term of four years, unless the individual resigns or the commission is revoked or suspended under Section; and 46-1-19 except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state. After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission. An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.
(6) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination. The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.
(7) A notary shall maintain permanent residency or employment in the state during the term of the notary's notarial commission. A notary who does not maintain permanent residency or employment under Subsectionshall resign the notary's notarial commission in accordance with Section. (7)(a) 46-1-21