To become a notary public in Hawaii you apply to the Department of the Attorney General, sit a written exam, and receive a four-year commission. The law that governs this process is Hawaii Revised Statutes Chapter 456, combined with Hawaii Administrative Rules Chapter 5-11. This page sets out who qualifies, what the application requires, and what to expect once you have filed.
What are the basic eligibility requirements?
You must meet four baseline requirements at the time of appointment, all drawn from HRS Chapter 456 and HAR Chapter 5-11:
- Age: at least 18 years old.
- Residency: a resident of the State of Hawaii at the time of appointment.
- Citizenship or work authorization: a U.S. citizen, U.S. national, or an alien authorized to work in the United States.
- General public-officer qualifications: the other qualifications required of public officers under Hawaii law.
The attorney general may commission as many notaries as the attorney general deems necessary for the public good and convenience, and retains discretion to refuse any application for any cause that would be grounds for suspension or revocation.
What must a completed application include?
HAR Chapter 5-11 specifies what must accompany a completed notary application:
Character reference: a letter of recommendation from a Hawaii resident who is not a relative or employer of the applicant, attesting to the applicant’s honesty and moral character.
Letter of justification: a letter explaining in detail why the commission is sought. If you are self-employed, you write this letter yourself. If you work for a government agency, the head of your department writes it and designates that notarial services will be performed without charge for government business.
Proof of identity: a current government-issued photo ID.
Citizenship or work-authorization proof: documentation establishing that you are a U.S. citizen, U.S. national, or alien authorized to work in the United States.
Surety bond proof: evidence that you have executed an official surety bond of $1,000, approved by a judge of a state circuit court.
Criminal-history disclosure: the date and place of any felony conviction, or any misdemeanor conviction related to a notarial act.
Application fee: the fee that accompanies the application is non-refundable.
The application may also require your current residence, business, mailing, and email addresses, plus any other information the attorney general deems necessary.
Is there an exam, and what does it cover?
Yes. Every applicant must pay the examination fee and sit a closed-book written exam before a commission can be issued. The exam tests a reasonable knowledge of the general principles and practices of notarial acts under three bodies of law:
- HRS Chapter 456 (the core notary statute)
- HRS sections 502-41 to 502-74 (acknowledgment law)
- HAR Chapter 5-11 (the administrative rules)
The minimum passing score is 80 percent, set by HAR section 5-11-32. If you fail once, you may request a reexamination within 14 calendar days without submitting a new application. A second failure requires a 90-day wait from the date of the last exam before reapplying.
Examination rescheduling fees apply: $15 for requests made more than 48 hours before the exam, $20 for requests made less than 48 hours before, and a $25 no-show fee for missing a scheduled exam without notice.
What happens after you apply?
The attorney general must act on a complete application within six months of filing. If the application is denied, the written notice must state the reason and advise you of your right to a hearing under HRS Chapter 91. If an application is not completed and the required documents are not submitted, the attorney general may consider it abandoned and decline to act.
Once approved and before entering office, every appointee must take and subscribe an oath for the faithful discharge of their duties. The oath is filed with the Department of the Attorney General.
The commission term is four years from the date of commission. The notary is responsible for timely renewal; failure to renew can result in automatic forfeiture. Renewal applications must be filed within 60 calendar days before the commission expires.
What can lead to a commission being refused or revoked?
The attorney general may refuse to issue a commission for any cause that would be grounds for suspension or revocation under HRS Chapter 456. Acting as a notary without a current commission renders any notarial act invalid.
The official source materials, including links to the application, are available at ag.hawaii.gov/notaries-public/notaries-public-documents/.