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The power to appoint notaries public is vested in the clerks of
the superior courts and may be exercised by them at any time.
(O.C.G.A. 45-17-1.1)
Any individual desiring to be a notary public shall submit application
to the clerk of superior court of the county in which the individual
resides or, when applying under the provisions of Code Section
45-17-7, to the clerk of superior court of the county in which
the individual works or has a business. The applicant shall sign
and swear or affirm as outlined in paragraph (2) of subsection
(b) of this Code section to the truthfulness of the application
which shall state:
(1) That the applicant resides or works or has a business in the
county of application and the address of the residence or business;
(2) That the applicant is at least 18 years old;
(3) That the applicant can read and write the English language;
(4) All denials, revocations, suspensions, restrictions, or resignations
of a notary commission held by the applicant; and
(5) All criminal convictions of the applicant, including any plea
of nolo contendere, except minor traffic violations.
(b) In addition to the application required in subsection (a)
of this Code section, every applicant for appointment as a notary
public shall also submit to the clerk of superior court of the
county in which the individual makes application:
(1) Endorsements from two persons who are not relatives of
the applicant , who are at least 18 years old, and who reside
in the county in which the individual makes application.
(2) A declaration of applicant which shall have been signed in
the presence of a commissioned notary public of this state.
(O.C.G.A. 45-17-2.1)
Grant or denial of commission
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(a) After an applicant submits to the clerk of superior court
of the county of 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 as
a notary public within ten days following the applicant's submission
of the necessary documents.
(b) The clerk of superior court may at his discretion deny a
commission to an applicant based on any of the following documents.
(1) The applicant's criminal history
(2) Revocation, suspension, or restriction of any notary commission
or professional license issued to the applicant by this or any
other state; or
(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.
( c) Any applicant who is denied a notarial commission by the
clerk of superior court shall upon demand be allowed a hearing
and adjudication before the superior court clerk with a right
of denovo appeal to the superior court, such appeal to be determined
by the court without the intervention of a jury. (O.C.G.A. 45-17-2.3)
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