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Misconduct & Prohibited Acts

The booklet note “Notary must officiate on request” ties refusal to administer an oath or affidavit, when requested, to which offense?

A

A class D felony

B

A misdemeanor

C

Only civil contempt

D

No offense if the officer is busy

Correct Answer

B. A misdemeanor

AI Explanation

This is a booklet-note misdemeanor point. The note “Notary must officiate on request” connects refusal to administer an oath or affidavit when requested to Penal Law §195.00 and states that the refusal is a misdemeanor. In practice, this is different from charging an unauthorized fee or from preparing legal papers for another person.

Misconduct & Prohibited Acts Question #494
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