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Misconduct & Prohibited Acts

Which of the following statements about Executive Law §135-b penalties is NOT correct?

A

A violation may bring a civil penalty of up to $1,000.

B

A second violation may lead to suspension of the notary public.

C

A third violation may lead to removal from office after notice and opportunity to be heard.

D

A first violation automatically requires permanent removal from office.

Correct Answer

D. A first violation automatically requires permanent removal from office.

AI Explanation

The statute escalates discipline; it does not jump straight to permanent removal on the first violation. Executive Law §135-b(5) allows a civil penalty up to $1,000, permits suspension upon a second violation, and removal upon a third violation after notice and an opportunity to be heard. For contrast, subdivision (6) authorizes the secretary to promulgate rules about the required statements' size and type.

Misconduct & Prohibited Acts Question #284
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