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Misconduct/Fees

A peace officer asks to inspect a notary's sequential journal, but the request does not satisfy the statutory standard for compelled access. Which response is most accurate?

A

The notary may insist on a request that meets Government Code section 8228 before granting access.

B

The notary should destroy the journal to protect signer privacy.

C

The notary must allow inspection anytime a peace officer asks, even without reasonable suspicion.

D

The notary must mail the journal to the Secretary of State instead.

Correct Answer

A. The notary may insist on a request that meets Government Code section 8228 before granting access.

AI Explanation

Government Code section 8228 permits compelled journal access only when the statutory conditions are met, including a peace officer acting in an official capacity with reasonable suspicion. A notary should comply with a lawful request, but is not required to surrender the journal merely because someone identifies themselves as a peace officer.

Misconduct/Fees Question #92
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