A public officer may demand compensation before rendering a service whenever the customer agrees orally.
A public officer may not demand or receive any fee or compensation for a service unless the service was actually rendered, except where law expressly allows advance payment.
A public officer may charge more than the legal fee if the excess is disclosed on a receipt.
Public Officers Law §67 applies only to county clerks and never to notarial-fee questions.
Official source: Notary Public License Law (March 2026)
Reference: Public Officers Law §67(3)
Source checked September 7, 2026 · Answer reviewed September 7, 2026
Correct Answer
B. A public officer may not demand or receive any fee or compensation for a service unless the service was actually rendered, except where law expressly allows advance payment.
Detailed Explanation
Section 67 includes more than just the anti-overcharge rule. Public Officers Law §67(3) states that an officer or other person shall not ask, demand, or receive any fee or compensation for or on account of any service unless the service was actually rendered, except where advance payment is expressly allowed by law. For contrast, §67(2) separately bars charging a greater fee than the law allows.
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