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Fees & Administrative Procedures

Which statement about Public Officers Law §67 is NOT correct?

A

A public officer must execute a duty imposed by law without fee unless a fee is expressly allowed by law.

B

An officer may charge or receive a greater fee than the law allows if the customer agrees in advance.

C

An officer may not demand or receive compensation for a service unless the service was actually rendered, subject to stated exceptions.

D

Section 67 is a general fee-governance rule, not the same thing as the specific notarial fee schedule.

Correct Answer

B. An officer may charge or receive a greater fee than the law allows if the customer agrees in advance.

AI Explanation

Consent does not authorize an illegal overcharge. Public Officers Law §67(2) states that an officer or other person shall not charge or receive a greater fee or reward for a service than is allowed by law. For contrast, Executive Law §136 gives the specific notarial fee schedule, but §67 still supplies the broader public-officer fee principle.

Fees & Administrative Procedures Question #246
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