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HI Administrative Rules (2015)

Rule/Regulation

State: Hawaii

Effective: March 12, 2015

Summary

New Hawaii administrative rules raise or add new fees related to the commissioning process, add administrative fines and other penalties for various offenses, and revise procedures for rescheduling a mandatory examination.

Affects

Amends Sections 5-11-9, 5-11-10, 5-11-17, 5-11-18, 5-11-32, and 5-11-46 of the Hawaii Administrative Rules.

Changes
  1. Provides that after a notice to a Notary and the opportunity to be heard, a failure by a Notary to deposit the Notary's record books with the Attorney General within 90 days of the Notary's commission expiration date will result in a Notary's commission to be suspended until the Attorney General receives the Notary's journals from the prior term.
  2. Provides that a Notary’s failure to deliver the Notary's commission certificate, seal and record books to the Attorney General as required under HAR 5-11-17(a) within 90 days of resignation, removal from office or expiration of the current commission without renewal shall preclude the reissuance of a commission to a Notary, and complete compliance is required as a condition for the reissuance of the commission.
  3. Repeals the prior provision that an applicant for a commission who fails to take the Notary examination on the scheduled examination date three consecutive times must submit a new application with updated support letters.
  4. Provides that that an applicant for a commission who fails to take the Notary examination on the scheduled examination date without advance notice, must submit a new application with updated support letters, and also pay a $25 no-show examination fee.
  5. Clarifies that an applicant who fails to pass the examination may take a reexamination without submitting a new application if the applicant requests, pays the examination fee and reschedules the examination within 14 calendar days from the date of the notification of the applicant's failure to pass the examination.
  6. Raises the following fees related to commissioning as a Notary: (a) Application for a new or renewal commission, $20 (previously $10); (b) Issuance of a new or renewal commission, $100 (previously $40); (e) Restoration of a forfeited commission, $80 (previously $60); and (f) Notary Public Manual, $5 if the Manual is mailed (previously $3.85).
  7. Adds the following administrative fees: (a) Processing and cataloging  Notary record books, $10; (b) Change of employer, residential or business address, telephone number or judicial circuit, $10; and (c) Replacement commission certificate, $10; (d) Rescheduled examination fee if made more than 48 hours before the examination, $15; (e) Rescheduled examination fee if made less than 48 hours before the examination, $20; (f) No-show examination fee without request or notification to reschedule received prior to the time of the examination, $25; and (g) Fee for failing to pick up commission certificate from the Attorney General within 60 days of notification of the availability of the certificate, $40.
  8. Adds the following administrative fines: (a) A Notary’s failure to notify the Attorney General in writing  within 30 days of a change of name, employer, residence and business address, telephone numbers and occupation, $25 per occurrence; (b) A Notary’s failure to provide written notification to the Attorney General of a change of address that results in mailing of renewal forms to an incorrect address, $50; and (c) A Notary’s failure to notify the Attorney General in writing within 10 days of the loss, misplacement or theft of the Notary’s seal or record book, $25.
Analysis

Amendments to Hawaii’s Notary rules became effective March 12, 2015.  The new rules raise or add new fees related to the commissioning process, add administrative fines for various offenses, and revise procedures for rescheduling a mandatory examination. In addition, a revised rule requires a Notary’s commission to be suspended until the Notary deposits his or her record books from the previous commission, and another new rule preclude reissuance of a Notary commission to any Notary who fails to surrender the Notary’s commission certificate, seal and record books upon resignation, removal from office or commission expiration. Full compliance is required as a condition for the reissuance of the Notary’s commission.

Read the adopted administrative rule.

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