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Appointment & Qualifications

A former notary reapplies 4 months after expiration. Which statement is legally accurate?

A

The applicant must retake the exam with no possible waiver.

B

The Secretary of State may waive qualifying requirements if the reappointment is filed within 6 months.

C

The prior commission automatically revives without a new application.

D

The applicant must wait 1 year before reapplying.

Correct Answer

B. The Secretary of State may waive qualifying requirements if the reappointment is filed within 6 months.

AI Explanation

Late reappointment within six months may permit waiver of the usual qualifying requirements. Executive Law §130 allows the Secretary of State to waive those requirements when a former notary applies within six months after expiration. Unlike an automatic renewal, the reappointment is still discretionary and still requires a new application.

Appointment & Qualifications Question #52
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