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VT Administrative Rules (2023)

Rule/Regulation

State: Vermont

Effective: October 21, 2023

Summary
The Vermont Secretary of State's Office of Professional Regulation has adopted rules for Notary Public continuing education.
Affects
Adds as yet uncodified sections in the Code of Vermont Rules.
Changes

Definitions

  1. Defines "commission" as a Notary Public commission issued by the Vermont Office of Professional Regulation.
  2. Defines "Director" as the Director of the Office of Professional Regulation.
  3. Defines "Office" as the Office of Professional Regulation.
  4. Defines "one hour" as 60 minutes.

Continuing Education Requirement

  1. Clarifies that a Notary must complete no fewer than one hour of continuing education over the two-year period preceding the application for renewal after a full two-year biennical period.
  2. Stipulates that continuing education credit will be granted only for the actual time a Notary spends as a learner during the course, and that breaks, business meetings, and lunches do not count toward continuing education credits.
  3. Requires documentation successful completion of continuing education to be included in a Notary's application for renewal of a commission.
  4. Clarifies that documentation of continuing education must include sufficient information to indicate the Notary's successful completion of a course that complies with the rules, such as the name and date of the course, proof of attendance, and the number of continuing education credit hours awarded.
  5. Clarifies that the continuing education requirement is not mandatory for an initial renewal of the commission if the Notary has held the Commission for less than two years.
  6. Provides that commission holders who first obtain a commission during a two-year biennium period do not need to complete one hour of continuing education before the first renewal of the commission.
  7. States that if an initial commission is issued fewer than 90 days prior to the beginning of a two-year biennial commission period (a) the commission holder does not need to renew the commission at the beginning of that biennial period, (b) the commission will be valid through the end of that next two-year biennial period, and (c) the commission holder is required to complete one hour of continuing education during that two-year biennial period and show compliance with the continuing education requirements when renewing the commission at the end of that two-year biennial period.

Course Requirements

  1. Stipulates that the content of a continuing education must be directly related to the maintenance and enhancement of the skill, knowledge, and competency to perform notarial acts in accordance with Vermont's laws and requirements.
  2. Clarifies that the course may be synchronous or asynchronous, recorded or live, or in-person or remote.
  3. Clarifies that the course may, but does not have to be. interactive.
  4. Requires a course to include both audio and visual content.

Course Approval and Audits

  1. Provides that courses fulfilling the requirements above under "Course Requirements" and are provided or approved by the American Bar Association, Vermont Bar Association, and any Vermont State government agency are approved without prior review by or approval from the Office.
  2. Requires other course providers to apply to the Director for approval of a continuing education course through the Office's online portal.
  3. Provides that an education course provider shall not advertise or hold out a course as approved for continuing education credit unless the Director has approved the course as satisfying the requirements of the rules. 

Audits

  1. Requires the Office to conduct continuing education audits of randomly selected commission holders (Notaries), including commission holders whose commissions are conditioned.
  2. Authorizes the Office to also audit reinstating commission holders, and commission holders who, in any of the preceding two renewal cycles, were initially found to have not met continuing education renewal requirements.
  3. Provides that when a commission holder appears on the audit list, the Office shall review the documentation provided by the commission holder as part of the renewal application to determine whether the continuing education requirements have been satisfied and may also request additional documentation and information from the commission holder showing a detailed account of the credits claimed.
  4. Authorizes the Office to give commission holders 90 days to develop and complete a corrective action plan to cure any deficiencies in continuing education requirements.
  5. Provides that courses taken pursuant to a corrective action plan may be counted for only the commission period being audited, and that failure to comply with a corrective action plan may result in disciplinary action under 3 VSA § 129a(a)(4).

Other Provisions

  1. Provides that the Director will not grant routine waivers or variances from any provisions of these rules without amending the rules (see 3 VSA § 845).
  2. Clarifies where, in extraordinary circumstances, application of a rule would result in manifest unfairness, an absurd result, unjustifiable inefficiency, or an outcome otherwise inimical to the public health, safety, and welfare, the Director may, upon written request of an interested party, grant a waiver with or without particular conditions and limitations, and record the action and justification in a written memorandum.
  3. Clarifies that the rule shall not be construed as creating any hearing right or cause of action.
Analysis

The Vermont Office of Professional Regulation in the Secretary of State's office has adopted rules for continuing education of Notaries Public. In Vermont, every two years Notaries must renew their commissions during the same cycle. Since many Notaries are commissioned at various points during the 2-year cycle, the rules clarify the circumstances under which continuing education may be waived. Applicants who apply for an initial Notary commission are not required to take a continuing education course. The rules require courses to be approved by the Office unless a course is offered by the American Bar Association, the Vermont Bar Association, or another Vermont governmental entity.

To read the adopted administrative rules, click Download PDF, below.

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