Notary Public Handbook - California Page 34
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4832
GOVERNMENT CODE
word or phrase from one language to another means the translation of a word or phrase without
regard to the true meaning of the word or phrase in the language which is being translated.
(d) The Secretary of State shall suspend for a period of not less than one year or revoke the
commission of any notary public who fails to comply with subdivision (a) or (c). However, on
the second offense the commission of such notary public shall be revoked permanently.
§ 8220. Rules and regulations
The Secretary of State may adopt rules and regulations to carry out the provisions of this
chapter.
The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3).
§ 8221. Destruction, defacement or concealment of records or papers; misdemeanor;
liability for damages
If any person shall knowingly destroy, deface, or conceal any records or papers belonging to
the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a
civil action for damages to any person injured as a result of such destruction, defacing, or
concealment.
§ 8222. Injunction; reimbursement for expenses
(a) Whenever it appears to the Secretary of State that any person has engaged or is about to
engage in any acts or practices which constitute or will constitute a violation of any provision
of this chapter or any rule or regulation prescribed under the authority thereof, the Secretary of
State may apply for an injunction, and upon a proper showing, any court of competent
jurisdiction has power to issue a permanent or temporary injunction or restraining order to
enforce the provisions of this chapter, and any party to the action has the right to prosecute an
appeal from the order or judgment of the court.
(b) The court may order a person subject to an injunction or restraining order provided for in
this section to reimburse the Secretary of State for expenses incurred in the investigation related
to the petition. The Secretary of State shall refund any amount received as reimbursement
should the injunction or restraining order be dissolved by an appellate court.
§ 8223. Notary public with expertise in immigration matters; advertising status as notary
public; entry of information on forms; fee limitations
(a) No notary public who holds himself or herself out as being an immigration specialist,
immigration consultant or any other title or description reflecting an expertise in immigration
matters shall advertise in any manner whatsoever that he or she is a notary public.
(b) A notary public qualified and bonded as an immigration consultant under Chapter 19.5
(commencing with Section 22440) of Division 8 of the Business and Professions Code may
enter data, provided by the client, on immigration forms provided by a federal or state agency.
The fee for this service shall not exceed ten dollars ($10) per individual for each set of forms.
If notary services are performed in relation to the set of immigration forms, additional fees
may be collected pursuant to Section 8211. This fee limitation shall not apply to an attorney,
who is also a notary public, who is rendering professional services regarding immigration
matters.
(c) Nothing in this section shall be construed to exempt a notary public who enters data on
an immigration form at the direction of a client, or otherwise performs the services of an
immigration consultant, as defined by Section 22441 of the Business and Professions Code,
from the requirements of Chapter 19.5 (commencing with Section 22440) of Division 8 of the
Business and Professions Code. A notary public who is not qualified and bonded as an
immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8
of the Business and Professions Code may not enter data provided by a client on immigration
forms nor otherwise perform the services of an immigration consultant.
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