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Appointment & Qualifications

A former notary missed reappointment because of U.S. military service. When may qualifying requirements still be waived?

A

If the application is filed within 30 days after discharge.

B

If the application is filed within 1 year after a discharge other than bad conduct or dishonorable, as specified in Executive Law §130.

C

Only if the person is a lawyer.

D

Only if the prior term expired less than 6 months ago.

Correct Answer

B. If the application is filed within 1 year after a discharge other than bad conduct or dishonorable, as specified in Executive Law §130.

AI Explanation

Military-service waiver rules extend beyond the normal six-month period. Executive Law §130 allows waiver of the qualifying requirements if the former notary failed to reapply because of U.S. armed-forces service and reapplies within 1 year after the qualifying discharge described in the statute. In contrast, the ordinary late-reappointment waiver for former notaries is tied to the six-month post-expiration window.

Appointment & Qualifications Question #178
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