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Misconduct/Fees

A notary public charges a client $25 for a single acknowledgment signature. The statutory maximum fee for an acknowledgment is $15 per signature. Which of the following best describes the consequence?

A

The notary may be subject to a civil penalty not to exceed $750 for charging more than the prescribed fee

B

Overcharging is a misdemeanor with no civil penalty

C

The notary is only guilty of an infraction punishable by a $500 fine

D

The notary faces a civil penalty of up to $1,500 for the first offense

Correct Answer

A. The notary may be subject to a civil penalty not to exceed $750 for charging more than the prescribed fee

AI Explanation

Civil penalty for overcharging. Charging more than the maximum fee prescribed by Government Code section 8211 is a ground for disciplinary action and carries a civil penalty. Under Government Code section 8214.15(b), violations of subdivision (h) of section 8214.1 — which includes charging more than the prescribed fee — are subject to a civil penalty not to exceed $750.

Misconduct/Fees Question #265
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