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Appointment & Qualifications

A former notary applies for reappointment five months after expiration. What may the Secretary of State do regarding qualifying requirements?

A

Must require a fresh examination in every case

B

May waive the qualifying requirements

C

Must deny the application because the commission already expired

D

May issue only a one-year commission

Correct Answer

B. May waive the qualifying requirements

AI Explanation

The ordinary lapse rule includes a short waiver window. Executive Law §130 allows the Secretary of State to waive qualifying requirements when a former notary applies within six months after expiration. Unlike the separate one-year military-related exception, this five-month example falls inside the ordinary six-month reappointment period.

Appointment & Qualifications Question #487
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