If an officer before whom an oath or affidavit may be taken is requested to administer it, a refusal may be a misdemeanor.
The booklet’s “Notary must officiate on request” rule ties refusal to Penal Law §195.00.
A notary may always refuse any requested oath or affidavit for any reason without legal consequence.
A notary may still refuse when the legal requirements for the act are not met.
Official source: Notary Public License Law (March 2026)
Reference: Penal Law §195.00; Part 182 requirements
Source checked September 7, 2026
Correct Answer
C. A notary may always refuse any requested oath or affidavit for any reason without legal consequence.
Detailed Explanation
A blanket right to refuse is too broad. Under the booklet heading “Notary must officiate on request,” Penal Law §195.00 provides that an officer before whom an oath or affidavit may be taken is bound to administer it when requested and refusal is a misdemeanor. Importantly, this should not be confused with a proper refusal when the law or Part 182 requirements are not satisfied.
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