Exemption to Mandatory Education Requirement
The Notary Public Law, as amended by Act 151 of 2002 (effective July 1, 2003), requires that applicants for both initial appointment and reappointment as a notary public complete at least three hours of approved notary education within the six months immediately preceding their application for appointment or reappointment. However, based on the Pennsylvania Supreme Court ruling in Tritt v. Cortés, any applicant for reappointment who was appointed on or before July 1, 2003 and whose notary commission was in effect on July 1, 2003, is permanently exempted or "grandfathered" from the notary education requirement. In other words, all notaries public who held active commissions on July 1, 2003 are not required to complete approved notary education upon their reappointment.
Excluded from the "grandfather clause" ruling are those notaries public who failed to meet the Act's requirements for a valid commission as of July 1, 2003, or who had lapses in their commission prior to July 1, 2003, including the following:
- those who received a letter of appointment or reappointment prior to July 1, 2003, but failed to obtain a bond and have the bond, the commission and oath recorded, within the allotted 45 days;
- those who resigned their commissions prior to July 1, 2003, and did not seek reappointment prior to July 1, 2003;
- those who permitted their commissions to expire prior to July 1, 2003, and did not seek reappointment prior to July 1, 2003; and
- those whose commissions were revoked prior to July 1, 2003, as the result of a disciplinary action taken by the Department.
Modified Date: 08/06/2011 07:42 AM