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Misconduct & Prohibited Acts

A person appears before a proper officer and asks that an oath or affidavit be administered. The officer simply refuses without lawful reason. According to the booklet note “Notary must officiate on request,” what is the exam-safe answer?

A

The refusal is only poor customer service and not an offense.

B

The refusal is treated as a misdemeanor.

C

The refusal automatically voids the notary’s commission that day.

D

The refusal is punished only if the request was made on Sunday.

Correct Answer

B. The refusal is treated as a misdemeanor.

AI Explanation

The booklet treats refusal as criminally significant. Under the note “Notary must officiate on request,” the Penal Law discussion tied to §195.00 says an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and refusal is a misdemeanor. Importantly, this is different from a lawful refusal when statutory requirements for the act are not met.

Misconduct & Prohibited Acts Question #438
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