MD Administrative Rule (2014)

Analysis
In most states, the maximum fee a Notary may charge is set in one of three main ways: (1) A statute prescribes the maximum fee a Notary may charge; (2) A statute authorizes the commissioning official (Secretary of State in most U.S. jurisdictions) to adopt regulations setting maximum fees; or (3) The state does not set a maximum fee in statute or regulations. In Maryland, fees are set by a combination of (1) and (2). Statute requires the Secretary of State to adopt regulations establishing the fees a Notary Public may charge, but it states the Secretary cannot publish regulations setting a fee that is higher than the maximum fee in the statute. Notaries cannot charge the statutory fee unless the Secretary actually adopts regulations to allow the fee to be charged. In 2013, the Maryland General Assembly passed House Bill 102, which raised the statutory maximum fee Notaries may charge from $2 to $4, subject to regulations adopted by the Secretary. In August, 2013, the Secretary proposed regulations to raise the fee to $4, and on March 12, 2014, the proposed regulations were adopted. The Secretary could have proposed to raise the fee to $3 or keep it at $2. Fortunately, the Secretary adopted the statutory maximum fee.

The text of the administrative rule is no longer available.