PA Notary Resignation & Revocation 2 — Questions and Answers
Question 1: A Pennsylvania notary's commission was revoked for a finding of liability in a civil fraud case unrelated to their notarial duties. Five years have passed since the revocation. Which of the following is true regarding their eligibility to reapply for a commission?
- They are permanently barred from ever holding a notary commission in Pennsylvania again.
- They may reapply, but must first obtain a waiver from the Commonwealth Court.
- They are eligible to reapply, as the five-year disqualification period for a prior revocation has passed. (Correct answer)
- They can only reapply if the civil judgment was overturned on appeal.
Correct answer: They are eligible to reapply, as the five-year disqualification period for a prior revocation has passed.
Pennsylvania law specifies that an applicant is ineligible if they have had a prior notary commission revoked by any state within the five-year period preceding the date of application. Since five years have passed, this specific disqualification no longer applies, and they are eligible to reapply, though the Department of State will still assess their character and integrity.
Question 2: A notary public is under investigation by the Department of State for alleged misconduct. Before a final decision is reached, the notary submits a letter of resignation. What is the most likely consequence of this action?
- The investigation is immediately terminated, and the resignation is accepted without further action.
- The resignation is rejected, and the notary must await the outcome of the investigation.
- The Department of State may proceed with the disciplinary action, potentially leading to a formal revocation on the notary's record despite the resignation. (Correct answer)
- The notary is automatically placed on a permanent ineligibility list for any future commissions.
Correct answer: The Department of State may proceed with the disciplinary action, potentially leading to a formal revocation on the notary's record despite the resignation.
Resigning during an investigation does not necessarily halt the disciplinary process. The Department of State has the authority to continue the investigation and can still enter an order of revocation. This is to ensure that a notary cannot simply avoid a formal sanction for misconduct by resigning before a decision is rendered.
Question 3: Upon revocation of a notary's commission, the individual must surrender their stamping device to the Department of State. What is the specific timeframe and consequence for failing to do so?
- Within 30 days, or they face a civil penalty of up to $500.
- Within 10 days, or they may be found guilty of a summary offense. (Correct answer)
- Immediately upon receipt of notice, or their bond will be forfeited.
- Within 45 days, and they will be ineligible to reapply for 10 years.
Correct answer: Within 10 days, or they may be found guilty of a summary offense.
Pennsylvania law is very specific on this point. A notary whose commission is revoked must deliver their seal of office to the Department of State within ten days after receiving notice. Failure to do so constitutes a summary offense, which can result in fines and/or imprisonment.
Question 4: Which of the following non-notarial actions could be grounds for the Secretary of the Commonwealth to revoke a notary public commission?
- Receiving two speeding tickets within a single year.
- Being a defendant in a minor civil lawsuit over a property dispute.
- Issuing a personal check with insufficient funds to a state agency. (Correct answer)
- Failing to renew a professional license unrelated to notarial duties.
Correct answer: Issuing a personal check with insufficient funds to a state agency.
The Pennsylvania Notary Public Law explicitly states that the Secretary of the Commonwealth may revoke the commission of a notary who issues a personal check to any State agency or the Commonwealth without sufficient funds on deposit. This demonstrates a lack of financial integrity relevant to public office.
Question 5: A notary in Philadelphia moves their residence to New Jersey but continues to work at the same office in Philadelphia. What is the status of their notary commission?
- The commission is automatically deemed resigned because their residence is no longer in the Commonwealth.
- The commission remains active, as maintaining employment within Pennsylvania satisfies the eligibility requirement. (Correct answer)
- The commission is suspended until they update their address with the Department of State.
- The commission must be re-recorded in the New Jersey county where they now reside.
Correct answer: The commission remains active, as maintaining employment within Pennsylvania satisfies the eligibility requirement.
Pennsylvania notary law requires a notary to either reside or be employed within the Commonwealth. Since the notary continues to work in Pennsylvania, they still meet the eligibility criteria, and their commission remains valid. A change of home address must still be reported, but it does not trigger a resignation as long as their place of employment remains in PA.
Question 6: If a notary's commission is revoked by the Department of State, what is the proper procedure for the notary's journal?
- The journal must be destroyed immediately to protect the privacy of the signers.
- The journal becomes the property of the notary's surety bond company.
- The journal must be surrendered to the Department of State along with the official stamp.
- The journal must be delivered to the recorder of deeds in the county where the notary last maintained an office within 30 days. (Correct answer)
Correct answer: The journal must be delivered to the recorder of deeds in the county where the notary last maintained an office within 30 days.
According to 57 Pa.C.S. § 319(e), a notary whose commission is revoked must deliver their journal to the office of the recorder of deeds in the county where they last maintained an office within 30 days of the revocation. This ensures the records are preserved and accessible if needed for legal proceedings.
PA Notary Resignation & Revocation 2
A Pennsylvania notary's commission was revoked for a finding of liability in a civil fraud case unrelated to their notarial duties.
Five years have passed since the revocation.
Which of the following is true regarding their eligibility to reapply for a commission?