45-17-2.3. Grant or denial of commission or recommission; grounds; unauthorized practice of law.

After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicant’s submission of the necessary documents.#

The clerk of superior court may in his or her discretion deny a commission or recommission to an applicant based on any of the following grounds:#

1. (1)

   The applicant’s criminal history;#

2. (2)

   Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state;#

3. (3)

   The commission in this or any state of any act enumerated in subsection (a) of Code Section 45-17-15, whether or not criminal penalties or commission suspension or revocation resulted; or#

4. (4)

   The applicant is found by the State Bar of Georgia, a court of this state, or a court of any other state to have engaged in the unauthorized practice of law.#

Any applicant who is denied a notarial commission or recommission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury.#