Hawaii Notary Exam Practice Questions: Discipline and Penalties (2026)

Grounds for discipline and the attorney general's powers

Discipline is where commissions are lost, and HAR 5-11-39 collects the grounds. They include submitting an application that contains a false statement, an omission of fact or a substantial misstatement; procuring a commission through fraud, misrepresentation or deceit; a criminal conviction of any felony, or a related misdemeanor involving theft, fraud, dishonesty or false statement; professional misconduct, incompetence, gross negligence or manifest incapacity; practising while impaired by alcohol, drugs, mental instability or substantial physical disability; failing to maintain a business or residence address in the State while practising; allowing the name or title to be used deceptively or in false or misleading advertising; and failing to complete the processing of the commission by filing it with the clerk of the circuit court of the notary's judicial circuit. Under HAR 5-11-39 the attorney general may refuse to renew, reinstate or restore, or revoke, suspend, deny or condition a commission, and seek administrative fines. The consequences run on three separate tracks. A commission is forfeited under HAR 5-11-40 if the notary knowingly fails to submit a completed renewal, pay the renewal fee, or complete processing by the expiration date, and a failure to renew is deemed knowing if notice was sent to the last address on file. A commission may be suspended under HAR 5-11-41 for a period not exceeding ten years, with reinstatement available on strict compliance with the order's terms and all fees. A commission that is revoked under HAR 5-11-42 may be followed by a new application only after five years from the effective date, unless the revocation is permanent. The exam wants candidates to separate forfeiture, suspension and revocation rather than treat them as one penalty.

• Grounds include application fraud, felony or related-misdemeanor convictions, and professional misconduct (HAR 5-11-39).
• Suspension may run up to ten years (HAR 5-11-41).
• After revocation, a new application is possible only after five years, unless permanent (HAR 5-11-42).

Reporting duties and administrative fines

Most notaries meet the discipline rules through the housekeeping duties, and the deadlines are exact. Under HAR 5-11-10 each notary must notify the attorney general in writing within thirty days of any change in the information on file, including name, employer, residence and business addresses, telephone numbers, email address and occupation. A separate status-change duty under HAR 5-11-10.5 requires written notice within thirty days of an adjudication of incompetency, and reporting of any felony conviction or a misdemeanor related to notary duties or involving fraud, false statements, theft, bribery, perjury or forgery. The shortest deadline is for security incidents: under HAR 5-11-18 a notary must, within ten days after the loss, misplacement or theft of the seal or journal, transmit written notification to the attorney general, and in the case of theft must inform law enforcement and deliver a copy of the police report to the attorney general. The fines are concrete, which is why the exam tests them. Under HAR 5-11-46 failing to appear at the examination without timely rescheduling is a $25 fine; failing to pick up the commission certificate within sixty days is $40; failing to surrender the rubber stamp seal within ninety days is $200, as is possessing more than one seal at a time or failing to surrender the certificate within ninety days; and failing to retain the journal for ten years, comply with an audit, or inform the attorney general of the journal's location is a fine of no less than $50 and no more than $500. All fees and administrative fines are deposited to the credit of the notaries public revolving fund, and any unpaid fees and fines are a debt due and owing to the State. The thirty-day change notice and the ten-day loss notice are the two deadlines the exam returns to most often.