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Appointment & Qualifications

A person whose notary term expired four months ago applies again through the county clerk. Which statement is most accurate?

A

The Secretary of State may waive the qualifying requirements because the application was made within six months after expiration.

B

The person must retake the examination in every case because the prior term already expired.

C

The application is barred because only currently commissioned notaries may reapply.

D

The person is automatically reappointed without any state discretion.

Correct Answer

A. The Secretary of State may waive the qualifying requirements because the application was made within six months after expiration.

AI Explanation

The six-month reappointment window matters. Executive Law §130 states that where a person whose term has expired applies within six months thereafter for reappointment with the county clerk, the qualifying requirements may be waived by the Secretary of State. The safer exam answer is “may be waived,” not “must be waived” or “automatic reappointment.”

Appointment & Qualifications Question #404
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