Resignation & Revocation Flashcards
6 cards from real PA NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
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A Pennsylvania notary's commission was revoked for failing to maintain a bond. Which of the following is true regarding their ability to be re-commissioned?
Answer: They may reapply, but the Department of State can reject the application for good cause.
Pennsylvania law allows an individual whose commission was revoked to reapply. However, having a prior commission revoked is a reason the Secretary of the Commonwealth may, for good cause, reject the new application. There isn't a permanent or seven-year bar, and reapplication is not contingent on a court appeal.
A notary public moves their residence out of Pennsylvania but continues to work at a physical office located in the Commonwealth. What is the status of their notary commission?
Answer: The commission remains valid as long as they maintain employment within Pennsylvania.
A Pennsylvania notary commission remains valid if the notary either resides OR works within the Commonwealth. If the notary moves their residence out of state but maintains their place of employment in PA, the commission is unaffected. Resignation is only required if the notary no longer lives or works in the state.
A notary submits a written resignation to the Department of State, effective in two weeks. A day later, they reconsider. What is the rule regarding the withdrawal of a resignation?
Answer: Withdrawal is permitted only with the written consent of the appointing authority (the Department of State) once the resignation has been accepted.
While specific notary law is silent, general Pennsylvania administrative code regarding state appointees states that a resignation may not be withdrawn without the written consent of the appointing authority once it has been accepted. Before acceptance, it can be withdrawn. This principle applies to state-commissioned notaries.
The Secretary of the Commonwealth initiates an action to revoke a notary's commission due to a complaint of misconduct. Which of the following procedural rights is the notary guaranteed?
Answer: The right to notice, a hearing, and the right to appeal the decision.
Any disciplinary action taken by the Secretary of the Commonwealth, including revocation, is subject to the notary's right to notice, a hearing, and adjudication, as well as the right to appeal the outcome, in accordance with the Administrative Agency Law.
A notary is notified that their commission is being revoked. What is the specific requirement regarding their stamping device?
Answer: It must be disabled by destroying, defacing, or otherwise rendering it unusable.
Upon revocation or resignation, the notary public must disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. It is not sent to the Department of State or the Recorder of Deeds.
A notary is deemed to have resigned because they no longer live or work in Pennsylvania. Within what timeframe must they deliver their notary journal to the appropriate office?
Answer: Within 30 days of the deemed resignation date.
Pennsylvania law requires that a notary who has resigned must deliver their journal (or register) to the office of the recorder of deeds in the county where they last maintained an office within 30 days of the resignation.