Chapter 2. Approval Of Notaries To Authorize Confidential Marriages of California Family Law Code >> Division 3. >> Part 4. >> Chapter 2.
(a) No notary public shall issue a confidential marriage
license pursuant to this part unless the notary public is approved by
the county clerk to issue confidential marriage licenses pursuant to
this chapter.
(b) A violation of subdivision (a) is a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) or six months in
jail.
(a) An application for approval to authorize confidential
marriages pursuant to this part shall be submitted to the county
clerk in the county in which the notary public who is applying for
the approval resides. The county clerk shall exercise reasonable
discretion as to whether to approve applications.
(b) The application shall include all of the following:
(1) The full name of the applicant.
(2) The date of birth of the applicant.
(3) The applicant's current residential address and telephone
number.
(4) The address and telephone number of the place where the
applicant will issue confidential marriage licenses.
(5) The full name of the applicant's employer if the applicant is
employed by another person.
(6) Whether or not the applicant has engaged in any of the acts
specified in Section 8214.1 of the Government Code.
(c) The application shall be accompanied by the fee provided for
in Section 536.
No approval, or renewal of the approval, shall be granted
pursuant to this chapter unless the notary public shows evidence of
successful completion of a course of instruction concerning the
issuance of confidential marriage licenses that was conducted by the
county clerk in the county of registration. The course of instruction
shall not exceed six hours in duration.
An approval to issue confidential marriage licenses pursuant
to this chapter is valid for one year. The approval may be renewed
for additional one-year periods provided the following conditions are
met:
(a) The applicant has not violated any of the provisions provided
for in Section 531.
(b) The applicant has successfully completed the course prescribed
in Section 532.
(c) The applicant has paid the renewal fee provided for in Section
536.
(a) The county clerk shall maintain a list of the notaries
public who are approved to issue confidential marriage licenses. The
list shall be available for inspection by the public.
(b) It is the responsibility of a notary public approved to issue
confidential marriage licenses pursuant to this chapter to keep
current the information required in paragraphs (1), (3), (4), and (5)
of subdivision (b) of Section 531. This information shall be used by
the county clerk to update the list required to be maintained by
this section.
(a) If, after an approval to issue confidential marriage
licenses is granted pursuant to this chapter, it is discovered that
the notary public has engaged in any of the actions specified in
Section 8214.1 of the Government Code, the approval shall be revoked,
and the county clerk shall notify the Secretary of State for
whatever action the Secretary of State deems appropriate. Any fees
paid by the notary public shall be retained by the county clerk.
(b) If a notary public who is approved to authorize confidential
marriages pursuant to this chapter is alleged to have violated a
provision of this division, the county clerk shall conduct a hearing
to determine if the approval of the notary public should be suspended
or revoked. The notary public may present any evidence as is
necessary in the notary public's defense. If the county clerk
determines that the notary public has violated a provision of this
division, the county clerk may place the notary public on probation
or suspend or revoke the notary public's registration, and any fees
paid by the notary public shall be retained by the county clerk. The
county clerk shall report the findings of the hearing to the
Secretary of State for whatever action the Secretary of State deems
appropriate.
(a) The fee for an application for approval to authorize
confidential marriages pursuant to this chapter is three hundred
dollars ($300).
(b) The fee for renewal of an approval is three hundred dollars
($300).
(c) Fees received pursuant to this chapter shall be deposited in a
trust fund established by the county clerk. The money in the trust
fund shall be used exclusively for the administration of the programs
described in this chapter.