Official misconduct is the wrongful exercise of a power or the wrongful performance of a duty. In this context, wrongful shall mean unauthorized, unlawful, abusive, negligent, or reckless. Official misconduct by a notary public shall include, but not be limited to: (a) Engaging in any fraudulent or deceptive conduct which is related in any way to his capacity as a notary public; (b) Failure to exercise the required degree of care in identifying a person whose identity is an essential element of a notarial act; (c) Representing or implying by the use of his title that he has qualifications, powers, duties, rights, or privileges that by the law he does not possess; (d) Engaging in the unauthorized practice of law; (e) Charging a fee for a notarial act which is in excess of that provided by section 51-110 , Idaho Code; or (f) Endorsing or promoting any product, service, contest or other offering if the notary public's title or seal is used in the endorsement or promotional statement.
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