The refusal is proper because notaries may decline any oath for any reason.
The refusal may be treated as misdemeanor misconduct because an officer before whom an oath may be taken is bound to administer it on request.
The refusal is only a civil wrong with no criminal consequence.
The refusal is allowed so long as the notary refunds the fee.
Official source: Notary Public License Law (March 2026)
Reference: Penal Law §195.00
Source checked September 7, 2026
Correct Answer
B. The refusal may be treated as misdemeanor misconduct because an officer before whom an oath may be taken is bound to administer it on request.
Detailed Explanation
A notary is not free to refuse every proper request. Under the booklet's "Notary must officiate on request" discussion and Penal Law §195.00 as cited there, an officer before whom an oath or affidavit may be taken is bound to administer it when requested, and refusal is a misdemeanor. In practice, this is tested as a duty-of-office question, not just customer service etiquette.
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