Which actions may the department take against a notary commission for misconduct?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
Pennsylvania caps notary fees by regulation and lets the Department of State discipline notaries for misconduct under 57 Pa.C.S. § 323. The maximum fee for an acknowledgment is $5 for the first name and $2 for each additional name, set by 4 Pa. Code § 167.3, while an oath, verification, witnessing or certified copy is capped at $5. You must also report changes in your information within 30 days under 4 Pa. Code § 167.45.
Which actions may the department take against a notary commission for misconduct?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
What is the general standard that triggers sanctions against a notary?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
An applicant hides a relevant fact on the notary application. Which sanction ground does this trigger?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
Besides outright conviction, which criminal-case outcome is a sanction ground when the offense is a felony or involves fraud, dishonesty or deceit?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
A civil court finds a notary liable for fraud in a private lawsuit. Can this affect the commission?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
How broad is the "failure to discharge a duty" sanction ground?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
A notary's website claims they can "guarantee" green-card approvals. Which sanction ground applies?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
A notary also commissioned in New Jersey has that commission revoked there. Can Pennsylvania act on this?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
Letting the required surety bond lapse exposes the notary to what?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
What monetary penalty may the department impose administratively, and on whom?
Based on: RULONA 57 Pa.C.S. § 323: Sanctions
Pennsylvania does not leave fees to the market. Under 57 Pa.C.S. § 329.1 the fees of notaries are fixed by the Department of State by regulation, and a notary may not charge more than the figure set. The current caps live in 4 Pa. Code § 167.3: an acknowledgment is $5 for the first name and $2 for each additional name on the same certificate; administering an oath or affirmation, taking a verification, witnessing a signature and certifying a copy are each capped at $5 per individual or document; noting a protest is capped at $3 per page. Section 167.3(c) requires fees to be separately stated, and § 329.1(c) lets a notary waive the fee. Some acts must be done free, such as the supporting affidavit on an emergency absentee ballot under § 167.3(d).
The compliance rules are where commissions are lost. Under 4 Pa. Code §§ 167.121 and 167.122, conduct such as postdating or predating an act, or committing offences involving fraud, dishonesty or deceit, is a basis for discipline. The Department of State's powers are broad: 57 Pa.C.S. § 323(a) lets it deny, refuse to renew, revoke, suspend, reprimand or impose a condition on a commission, though it cannot impose criminal penalties, which are a matter for the courts. Notaries also carry housekeeping duties: 4 Pa. Code § 167.45 requires you to notify the department within 30 days of a change in your name, office or home address, phone, email or selected technology providers, and resignation is among the reportable items.
| Notarial act | Maximum fee |
|---|---|
| Acknowledgment, first name | $5 |
| Acknowledgment, each additional name | $2 |
| Oath or affirmation | $5 per individual |
| Verification on oath or affirmation | $5 |
| Witnessing or attesting a signature | $5 |
| Certifying or attesting a copy | $5 |
| Noting a protest | $3 per page |
Pennsylvania fee caps are set by 4 Pa. Code § 167.3 under the authority of 57 Pa.C.S. § 329.1. An acknowledgment is $5 for the first name and $2 for each additional name; oaths, verifications, witnessing signatures and certified copies are each capped at $5; noting a protest is $3 per page. A notary may not exceed these amounts.
Under 57 Pa.C.S. § 323(a), the Pennsylvania Department of State may deny, refuse to renew, revoke, suspend, reprimand or condition a commission for misconduct. The grounds in 4 Pa. Code §§ 167.121 and 167.122 include postdating or predating acts and offences involving fraud, dishonesty or deceit. The department cannot impose criminal penalties; those rest with the courts.
Yes. Under 4 Pa. Code § 167.45, a Pennsylvania notary must notify the Department of State within 30 days of a change to information on file, including name, office and home address, phone, email and selected technology providers. The notice must be in writing or electronic and state the effective date; resignation is also reportable.
Yes. Under 57 Pa.C.S. § 329.1(c), a Pennsylvania notary may waive the right to charge a fee. Some acts must be free: 4 Pa. Code § 167.3(d) bars charging for the supporting affidavit on an emergency absentee ballot, and § 167.3(e) bars a fee where other law, such as 51 Pa.C.S. § 9101, requires the act without charge.
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