NC Administrative Rules (2024 -- Part 3)

Rule/Regulation

State: North Carolina

Effective: July 01, 2024

Summary

The North Carolina Department of the Secretary of State has adopted its "Phase 2" rules which cover Notary commissions and enforcement, and Notary instructor certification.

Affects

Adopts the following in Title 18, Chapter 7 of the North Carolina Administrative Code:

Adds Rules 07B .0104, .0105, .0107-.0109, .0407-.0418, .0501-.0506, .0608, .0702-.0707; 07C .0101, .0102, .0204-.0210, .0301-.0305, .0402, .0403, .0406, .0407, .0410, .0411, .0506- .0510, .0604-.0607, .0701-.0704; 07D .0101-.0104, .0302-.0308, .0402; 07E .0102, .0103, .0109, .0113, .0202, .0205-.0207, .0213, .0214, .0301, .0304, .0306-.0312, .0401-.0407, .0602-.0605, .0702, .0801-.0804, .0901-.0904, .1002, .1104, .1105, and .1202- .1205.
Amends Rules 07B .0101-.0103, .0106, .0110, .0601-.0607, .0701; 07C .0201-.0203, .0401, .0404, .0405, .0409, .0502, .0504, .0505, .0601-.0603; 07D .0301; 07E .0101, .0104-.0106, .0108, .0112, .0201, .0204, .0209, .0212, .0302, .0303, .0601, .0701, .1001, and .1101-.1103.
Repeals Rules 07E .0107 and .0111.

Changes

Definitions

Defines the new terms “authorization,” “authorize,” “commission applicant,” “court,” “crime involving dishonesty,” criminal convictions,” “denial,” “disciplinary action,” “disciplinary order,” “exam,” “family member,” “harm,” “issuance,” “licensed member of the North Carolina State Bar,” “name for use on a Notary Public commission,” “notarial act,” “Notary course,” “probation,” “professional license,” “public office,” “restriction,” “release from prison, probation or parole,” “residence address” or “residential address,” “revocation,” and “suspension.”
Defines the terms “active experience as a Notary,” “active experience as a certified Notary instructor,” “affidavit of moral character form,” “eligible institution” or “institution,” “instructor applicant,” “instructor application form,” “instructor course,” “instructor recertification application form,” “recommendation form,” “successfully complete” that apply to the rules for Notary instructors.
Amends the definitions of “appoint” or “appointment,” “appointee,” “commission date,” and “crime.”
Repeals the definitions of “applicant” and “division.”

Accessing and Interacting with the Department of State’s Office

Changes the operating hours of the Department to be between 8:00 a.m. to 5:00 p.m. during weekdays.
Authorizes a Notary Public, electronic Notary, or certified Notary instructor applicant to make requests for an accommodation pursuant to the Americans with Disabilities Act with respect to the in-person courses and exams and online recommissioning exam, certified Notary instructor initial or recertification oral presentation or written exam, as specified.
Requires a filer to (a) use reasonable efforts to obtain information requested by the Department; (b) deliver to the Department all requested information that is available to the filer; and (c) if unable to obtain requested information, describe to the Department the efforts taken to obtain the information.
Authorizes the Department to waive any rule in Chapter 7 that is not statutorily required on request of a filer or on its own initiative based on the factors set forth in Rule 07B .0108.
Provides the information, as specified, that must be included in a request for waiver of a rule.
Adds to the factors the Department must consider when considering a waiver requests any harm to the Department if a waiver is granted or denied.
Requires the Department to calculate time periods based on GS 1A-1, Rule 6, unless otherwise noted in the rules in Chapter 7 of the NCAC.
Provides that a request to the Department for information about a Notary that is confidential pursuant to GS 10B-7, GS 10B-60, GS 10B-106, or that is personally identifiable information must (a) be in writing; (b) include the name of the requestor and contact information for the requestor; and (c) document the right of the requestor to receive the confidential information.
Authorizes a Notary Public to submit a request for an extension of time to respond to a Department request pursuant to Rule 07D .0102.
Requires a request for an extension of time to respond to a Department request must (a) be for an extension lasting no more than 30 days; and (b) include the reason an extension is necessary.
Clarifies that when deciding whether to grant an extension request, the Department shall consider the factors listed in Rule 07B .0108.

Notary Notices and Notifications

Requires a Notary applicant or a Notary Public to use the form specified in Rule 07B .0413 to notify the Department within 45 calendar days of a finding or admission of fault or liability in a civil lawsuit based on the applicant's or Notary's deceit.
Requires a Notary applicant or Notary Public to use the form specified in Rule 07B .0412 to notify the Department within 45 calendar days of an issuance, a denial, a revocation, a suspension, a restriction, or a resignation of the applicant's or Notary's professional license(s), Notary commission, or public office.
Requires a Notary applicant or Notary Public to use the form specified in Rule 07B .0413 to notify the Department within 45 calendar days of a finding that the applicant or Notary has engaged in official misconduct and shall provide the Department with the documents and information required by 18 NCAC 07C .0208.
Requires a Notary applicant or Notary Public to use the form specified in Rule 07B .0413 to notify the Department within 45 calendar days of a finding or a charge that the applicant or Notary has knowingly used false or misleading advertising that represents that the applicant or Notary has powers, duties, rights, or privileges the applicant or Notary does not possess by law.
Requires a Notary applicant or Notary Public to use the form specified in Rule 07B .0413 to notify the Department within 45 calendar days of a finding by a court or the attorney-licensing agency of any state, federally recognized tribe, or nation, that the applicant or Notary has engaged in the unauthorized practice of law.
Provides the additional information, as specified, that must be included in a notice when an individual is required to provide a criminal record pursuant to GS Chapter 10B and the Rules in Chapter 7 of the NCAC.
Provides the information, as specified, that must be included in an explanation of each criminal conviction when an individual submits a criminal record.
Provides that for an individual listing a criminal conviction, an affidavit of moral character must be (a) completed by three individuals, none of whom is a family member, using the form specified in Rule 07B .0408; and (b) submitted to the Department by the individual listing a criminal conviction or the individuals completing the affidavits.
Provides that an individual required to provide a criminal record who has a pending criminal charge in a court must, for each pending criminal charge: (a) notify the Department within 45 days of the charge; and (b) provide the information specified in the form in Rule 07B .0411.
Requires an individual who has provided the Department with information regarding a pending charge pursuant to Rule 07B .0505 to (a) notify the Department within 45 calendar days of the final disposition of the charge; (b) provide the information specified in the form in Rule 07B .0411; (c) provide a copy of the document reflecting the final disposition of the charge; and (d) if convicted, comply with Rules 07B .0503 and 07B .0504.
Provides that an applicant for a Notary commission must include with the application a list of all professional licenses, public offices, and Notary commissions as required by GS 10B-7(10), together with the information required by the rules in Section 0700.
Provides the information, as specified for an individual who is required to provide information to the Department about professional licenses and notarial commissions that the individual presently holds, has held, or has applied for to the extent the information is available to the individual after reasonable efforts, for each license and notarial commission listed.
Provides the information, as specified, an individual must include for each professional license or Notary commission listed by the applicant pursuant to Rule 07B .0701, and for which the individual has been the subject of a disciplinary action by a court, legislative body, governmental agency, board, or commission.
Requires an individual to include in the application for authorization, certain information, as specified relating to each public office the individual holds or has held.
Provides the information, as specified, that an individual must include with the application for any denial of public office.
Provides the information, as specified, that an individual must provide if the individual resigned from a public office.
Provides the information, as specified, that an individual must provide each public office listed pursuant to Rule 07B .0701 and for which the individual has been the subject of a disciplinary action.
Requires a Notary applicant or Notary Public to use the form specified in Rule 07B .0410 to notify the Department within 45 calendar days of changes in the applicant's or Notary's: (a) name; (b) mailing or street address; (c) county of commission; (d) residential or mobile telephone number; (e) personal or business email address; (f) status as a resident of the United States; (g) ability to speak, read and write in the English language; or (h) employer regarding a change of employer, change in employer business name (a business changing from ABC, Inc. to ABC, LLC is an example of a change in employer business name, change in employer street or mailing address, or change in employer telephone number.
Requires a Notary applicant or Notary Public to notify the Department within 45 calendar days of a previously unreported pending criminal charge against the applicant or Notary by complying with Rule 07B .0505.
Requires an applicant or Notary to notify the Department within 45 calendar days of the date of the final disposition of a criminal charge against a Notary applicant or a Notary Public by complying with Rule 07B .0506.

Notary Forms

Provides the information, as specified, that must be included in an initial application of Notary commission form.
Provides the information, as specified, that must be included in the affidavit of moral character form.
Provides the information, as specified, that must be included in an application for recommissioning as a Notary Public form.
Provides the information, as specified, that must be included in the form for notice of change in general Notary information.
Provides the information, as specified, that must be included in the form for notice of changes in criminal record.
Provides the information, as specified, that must be included in the form for notice of changes regarding professional licenses, Notary commissions, or public offices.
Provides the information, as specified, that must be included in the form for notice of changes regarding findings or admissions of deceit, official misconduct, false or misleading advertising, or unauthorized practice of law.
Provides the information, as specified, that must be included in an application for certification as a Notary instructor form.
Provides the information, as specified, that must be included in the recommendation of Notary instructor applicant form.
Provides the information, as specified, that must be included in the form for the employer affidavit regarding active experience for a Notary instructor applicant.
Provides the information, as specified, that the student evaluation of Notary instructor form requests of from a student.
Provides the information, as specified, that must be included in an application for recertification as a Notary instructor form.

Notary Enforcement

Lists 31 crimes, as specified, that are classified as a crime involving moral turpitude as defined in defined in GS 10B-3(9) or a crime involving dishonesty as defined in Rule 07B .0102(8).
Adds to the factors the Department must consider when determining whether and what disciplinary action to take (a) the qualifications of the person, (b) the response of the person to any alleged violations; and (c) whether the person self-reported a matter affecting qualification or the performance of an activity pursuant to authorization.
Requires the Department to deny an application in which an applicant willfully and knowingly provided false information about a criminal history record, or a record of official findings of liability related to the applicant's deceit, dishonesty, or intentional disclosure of confidential information to a person not legally entitled to the information.
Authorizes the Department to deny an application that contains misleading information.
Requires the Department to deny an application if (a) the Department determines that the applicant is not qualified for the authorization issued pursuant to the Constitution of the State of North Carolina, Chapter 10B of the General Statutes, or the rules in this Chapter; or (b) an applicant notarizes the applicant's own signature.
Lists the following levels of enforcement available to the Department when considering the evidence for disciplinary action against a Notary: (a) a request for compliance, (b) a letter of warning, (c) suspension for up to 24 months with or without a corrective action plan, (d) revocation, (e) permanent revocation, (f) an administrative action restricting, for a specific period of time, an unauthorized person from submitting an application or from being becoming authorized, and (g) an administrative action permanently restricting an unauthorized person from submitting an application or from becoming authorized.
Authorizes the Department to use the factors in Rule 07B .0601 to take action to withdraw, stay, rescind, or expunge a disciplinary action.

Notary Commission Application

Requires an applicant for initial appointment as a traditional Notary Public who is not a licensed member of the North Carolina State Bar to (a) possess a current personal copy of the North Carolina Notary Public manual applicable to traditional notaries; (b) successfully complete the Notary course and exam; and (c) submit the application form specified in Rule 07B .0407.
Clarifies that an applicant for initial appointment as a traditional Notary Public must submit an application within three months after successfully completing the Notary course and exam; or if a licensed member of the North Carolina State Bar, comply with the rules in Section .0700 of the Rules.
Provides that a nonresident applicant for a Notary commission that has a regular place of work or business in North Carolina, must submit an affidavit from the applicant's employer on the employer's business letterhead that includes certain information, as specified.
Requires a commission applicant who submits a criminal history record to include with the application the information required by Rule 07B .0500.
Requires a commission applicant who has pending criminal charges in a court to comply with Rule 07B .0505.
Requires a commission applicant who has applied for, holds, or has held a professional license, a notarial commission, or a public office, to comply with Rule 07B .0700.
Provides that a commission applicant for whom, in a civil lawsuit, there has been a finding or admission of fault or liability based on the applicant's deceit must include with the application, certain information, as specified.
Requires a commission applicant who is, has previously been, or has acted in the capacity as a Notary Public of any locality, state, federally recognized tribe, or nation, and who has listed on the application findings of official misconduct, civil findings, or admissions of fault or liability regarding the applicant's activities as a Notary, to include with the application certain information, as specified.
Requires a commission applicant against whom a finding has been made that the applicant engaged in the unauthorized practice of law to include with the application certain information, as specified.
Requires a commission applicant against whom a charge or finding has been made that as a Notary Public, the Notary knowingly used false or misleading advertising that represents that the Notary has powers, duties, rights, or privileges not conveyed by law, to include with the application certain information, as specified.

Notary Commission Requirements

Requires an applicant for an initial Notary commission to successfully complete a Notary course taught by a certified Notary instructor before submitting an initial commission application to the Department.
Requires a commission applicant who is not personally known to the certified Notary instructor shall present satisfactory evidence of identity to the Notary instructor (a) before the course begins; (b) before the instructor signs the application; and (c) upon request of the instructor at any other time during the course.
Provides that the satisfactory evidence of identity presented to a certified Notary instructor pursuant to Rule 07C .0303 must match the applicant's name for use on a Notary Public commission.
Clarifies that a Notary applicant who fails to achieve a passing grade on the Notary course exam and who wishes to be commissioned as a Notary Public may retake the exam if (a) the institution at which the course is taught permits retesting; and (b) the retest is taken within 30 days of the date of the exam failure.
Provides that the Department shall appoint or reappoint an applicant to the office of Notary Public after reviewing the application submitted by the applicant and determining that (a) the application is accepted; and (b) the applicant is qualified to be appointed pursuant to N.C. Const. Art. VI, Sec. 8, GS Chapter 10B, and the rules in Chapter 7 of the NCAC.
Provides that the Department shall provide to the Register of Deeds in the county of the Notary Public's commissioning a certificate of appointment that includes the appointee's full legal name and the commission name of the appointee, and a commission certificate in the commission name of the appointee to be used by the Register of Deeds to document that the Notary oath has been administered to the appointee.
Provides that the Department shall provide a duplicate commission certificate to a Notary Public, upon request to the Department.
Provides that the Department will send the appointee notice that (a) the certificate of appointment has been issued, and (b) the appointee must appear before the Register of Deeds in the county of commissioning and take the oath of office within 45 days of the certificate of appointment issuance date.
Provides the information, a specified that a commission certificate will include and clarifies that the certificate will not be valid until the oath of office has been taken.
Requires an appointee before taking the oath of office to (a) present satisfactory evidence matching the appointee's name on the certificate of appointment to the Register of Deeds, assistant Register of Deeds, or deputy Register of Deeds who will administer the oath of office, or (b) be personally known to the Register of Deeds, assistant Register of Deeds, or deputy Register of Deeds who will administer the oath of office.
Provides that after administering the oath of office, the Register of Deeds, assistant Register of Deeds, or deputy Register of Deeds shall: (a) require that the Notary Public sign the certificate of appointment; (b) sign and date the certificate of appointment; (c) record the certificate of appointment as required by GS 10B-10(c); (d) deliver the commission certificate to the Notary; and (e) deliver notice to the Department as required by GS 10B-10(d).
Clarifies that an individual may not perform a notarial act unless the individual has a valid commission certificate.
Clarifies that the term of a Notary Public's commission will be calculated from the date that the commission application is filed pursuant to Rule 07B .0312 unless Rule 07C .0410 applies.

Notary Recommissioning Requirements

Clarifies that a recommissioning Notary Public's five-year term shall begin on the day following the expiration of the existing commission if the application for reappointment has been filed before the expiration of the existing commission, and the Notary takes the oath of office for recommissioning within 45 days of the issuance date on the certificate of appointment.
Prohibits a Notary Public from performing a notarial act after the expiration of the Notary's commission until the Notary has been reappointed and has taken the oath for a subsequent commission.
Clarifies that an applicant for recommissioning whose application is denied due to failure to pass the recommissioning exam within the time frame established in Rule 07C .0605 may reapply by complying again with the requirements for recommissioning in GS 10B-11 and the rules Subchapter 07C.
Provides that a Notary Public may seek recommissioning by complying with GS 10B-11 and the rules in Subchapter 07C if the Notary's commission has expired and less than 12 months have elapsed since the expiration of the prior commission, or the Notary seeks recommissioning pursuant to GS 10B-53.
Clarifies that a Notary Public seeking recommissioning pursuant to Rule 07C .0505 need not attend a Notary course but must pass the online recommissioning exam, unless the exception in GS 10B-11(b)(3) applies to the Notary.
Provides that if the Department has not received notice from the Register of Deeds that an appointee took the oath within 45 days of the certificate of appointment issuance date, the Department will cancel the commission and notify the appointee of the cancellation.
Provides that if a Notary Public presents the Department with the Notary's valid commission certificate, the Department shall rescind the cancellation of the Notary's commission previously made pursuant to Rule 07C.0508.
Clarifies that the Department shall confirm a Notary Public's commission status upon written request.
Provides that a Notary Public seeking recommissioning within the time permitted by GS 10B-11 and the rules in this Subchapter must submit the recommissioning application specified in Rule 07B .0409.
Clarifies that the recommissioning exam shall be taken on the Department's website.
Clarifies that a Notary Public seeking recommissioning and taking the recommissioning exam will have 30 minutes to complete the recommissioning exam and achieve a passing score of at least 80 percent on the exam.
Provides that if an applicant for recommissioning fails the recommissioning exam, the applicant may take the exam up to 2 additional times within 30 days of the date on which the exam is first taken.
Provides that if a Notary Public seeking recommissioning fails to pass the recommissioning or Notary course exam within 30 days of the date on which the exam was first taken, the application shall be denied.
Provides that an individual who fails to seek recommissioning within one year of commission expiration may be commissioned as a Notary Public only upon completion of all requirements for an initial Notary commission.

Attorney Notary Commission Requirements

Requires Notary applicants for initial appointment who are licensed members of the North Carolina State Bar to maintain a personal copy of the most recent Notary Public manual approved by the Department.
Requires Notary applicants for initial appointment who are licensed members of the North Carolina State Bar to (a) either submit a completed notarial commission application form described in Rule 07B .0407 and (i) attending the Notary course; (ii) passing the Notary course exam; and (iii) obtaining a signature from a Notary instructor; or (b) comply with the rules in this Subchapter for an individual who is not a licensed member of the State Bar.
Clarifies that licensed members of the North Carolina State Bar who are commissioned notaries public may apply for recommissioning by complying with the rules in this Subchapter, except that licensed members of the State Bar shall not be required to take any course or exam prior to recommissioning.
Provides that a licensed member of the North Carolina State Bar who fails to take the oath of office within 45 days of the issuance date on a certificate of appointment or reappointment must submit a new application and fee in compliance with the rules in this Subchapter.
Requires a licensed member of the North Carolina State Bar who applies to be registered or reregistered as an electronic Notary Public to: (a) comply with the rules in Subchapter 07F; (b) successfully complete the electronic Notary course and exam; (c) possess a current and personal copy of the North Carolina Notary manual applicable to electronic notaries; and (d) submit an electronic Notary application and fee.

Notary Instructor Certification Qualifications

Provides that a commissioned Notary Public may become a certified Notary instructor upon meeting the following conditions: (a) an eligible institution nominates the Notary to the Department by written request pursuant to Rule 07E .0103; and (b) the Department determines that the nominee meets the criteria in GS 10B-14 and the rules in Subchapter 07E.
Provides the procedures, as specified, for an eligible institution to nominate a Notary to be certified as a Notary instructor.
Provides the general requirements, as specified for an applicant to qualify as a Notary instructor.
Provides that an instructor applicant who asserts exemption from the fee pursuant to GS 10B-14(c) to certify on the instructor certification or recertification application form that as of the date of application, the applicant is currently employed as: (a) a register of deeds; (b) a clerk of court; or (c) an employee of the Department and is authorized by the Secretary to teach Notary courses as set forth in GS 10B-14(c).
Requires the Department to refuse to administer the Notary Public instructor certification exam to an applicant who has failed to pay the fee required for certification or recertification as a Notary instructor before the exam date.
States the mandatory grounds, as specified, for the Department to deny a Notary instructor certification or recertification application.
Requires an instructor applicant to verify under penalty of perjury on the instructor application form specified in 18 NCAC 07B .0414 that (a) the information on the application is true and complete; and (b) the applicant will perform the responsibilities of a certified Notary instructor as set out in Chapter 10B of the General Statutes and the rules in Chapter 7 to the best of the applicant's ability.
Requires an instructor applicant or certified Notary instructor to notify the Department in writing of the following within 45 days of a change in the eligible institution, as defined, listed on the Notary instructor application: (a) the change in eligible institution, as defined; (b) the date that the change is effective; and (c) the name and contact information for the Notary course administrator at the eligible institution.
Provides that the Department will deny an application for Notary instructor certification or recertification if the Notary Public or instructor (a) has failed to notify the Department of changes as required by Chapter 10B of the General Statutes or the rules in Chapter 7 of Title 18 of the NCAC, (b) has been terminated by an eligible institution for cause, (c) has failed to submit student exam grades in accordance with Rule 07E.0604 more than once in a certification year and (d) has been the subject of a disciplinary action, other than a warning or denial, that is related to performance as a Notary Public, an electronic Notary Public, or a Notary instructor.

Notary Instructor Recommendations and Experience

Requires an instructor applicant to include three recommendations from individuals who are not family members of the applicant on the Department's recommendation form specified in 18 NCAC 07B .0415 and authorizes either the applicant or the individual making the recommendation may submit the recommendation form to the Department.
Requires an instructor applicant to (a) be a registered electronic Notary Public at the time of application or (b) comply with all requirements for registration as an electronic Notary within three months of successfully completing the instructor certification course.
Provides that active experience as a Notary Public will be established by the applicant pursuant to the rules in Section .0200 by presenting any combination of the following evidence: (a) journal entries; (b) employer affidavits; or (c) an alternative method as set out in the rules in Section .0200.
Clarifies that an instructor applicant may present evidence of active experience as a Notary Public by submitting (a) a complete copy of a journal for the year immediately preceding the date on which the application is submitted; and (b) an affidavit under oath that the entries in the journal submitted are accurate.
Requires a journal of notarial acts submitted as evidence of active experience as a Notary Public to comply with 18 NCAC 07I.
Clarifies that an employer affidavit submitted as evidence of active experience as a Notary Public shall be submitted on the form specified in Rule 07B .0416.
Requires an employer affidavit submitted pursuant to Rule 07E .0205 (a) to refer to notarial acts performed for the employer; and (b) may refer to other notarial acts of the instructor applicant of which the employer affiant is personally aware.
Provides that an employer submitting an affidavit pursuant to Rule 07E .0205 may include as an attachment a recommendation from the employer made pursuant to Rule 07E .0112.
Clarifies that an instructor applicant who relies upon an employer affidavit pursuant to Rule 07E .0205 shall either submit it to the Department or have the employer affiant directly submit it to the Department.
Provides that an instructor applicant may submit evidence of active experience as a Notary Public that is not a journal or employer affidavit if: (a) the evidence consists of one or more affidavits from nonfamily members that comply with Rule 07E .0213 and that together establish that the instructor applicant has active experience as a Notary; and (b) an affidavit from the instructor applicant that complies with Rule 07E.0214.
Provides the information, as specified, that an instructor applicant may provide as alternative evidence of experience from at least one individual who is not a family member.
Provides the information, as specified, that an instructor applicant may provide as alternative evidence of experience pursuant to Rule 07E .0212 in the applicant’s own affidavit.

Notary Instructor Recertification

Provides that a certified Notary instructor shall not be eligible for recertification as a Notary instructor if the instructor (a) no longer qualifies for initial commissioning as a Notary Public, (b) has not taught at least two Notary courses in each of the two immediately preceding instructor certification years, or (c) has failed to comply with other requirements imposed upon a Notary or Notary Public instructor pursuant to GS 10B-14 or the rules in Chapter 7 of Title 18 of the NCAC.
Provides that a Notary instructor who seeks recertification must (a) complete the Department's Notary instructor recertification form specified in Rule 07B.0418 and submit it to the Department prior to lapse of certification, (b) successfully complete the Notary instructor recertification course, and (c) except as otherwise provided by GS 10B-14, pay the required fee.
Provides rules of applicability, as specified, for when successful completion of the Notary instructor course satisfies the requirements for successful completion of the Notary recommissioning exam and electronic Notary course and exam.
Provides rules, as specified, for when a Notary instructor seeking recertification must complete an oral presentation in addition to passing the exam.
Provides rules, as specified, for a certified Notary instructor who has a lapse between certification terms.

Notary Instructor Certification Course and Exam

Requires an instructor applicant to attend the entirety of, and successfully complete, a North Carolina Notary instructor course approved by the Department and achieve a passing score of at least 90 percent on the Notary instructor certification and recertification exams.
Requires an instructor applicant to make an oral presentation that complies with the rules Section .0300 of Subchapter 07E by presenting on a Notary Public curriculum topic selected by the applicant from a list provided by the Department as part of the Notary instructor exam and the presentation will be scored on a pass-fail basis.
Provides that the oral presentation will be evaluated on (a) voice quality, consisting of projection, diction, pitch, and rate of speech, (b) verbal skill, consisting of fluency, clarity, and vocabulary appropriate for the audience, (c) professional qualities, as defined, (d) the applicant's selection and use of technology and training aids, such as the applicable Notary manual and approved handouts and instructional videos, (e) the applicant's presentation of information in a logical sequence, as defined, and (f) the applicant’s emphasis on key points, use of examples relevant to the topic of the presentation, and summarization of topics.
Provides that an instructor applicant who fails the written certification or recertification exam may schedule one additional written exam within one month of the date of the failed exam by making a written request to the Department, as specified.
Provides that an instructor applicant who fails to pass the written instructor exam within one month of the date on which the written exam is first taken and wishes to become a certified instructor shall comply again with Rule 07E.0105.
Provides that an instructor applicant who fails the oral presentation may schedule one additional written exam within one month of the date of the failed exam by making a written request to the Department, as specified.
Provides that an instructor applicant who schedules an additional oral presentation pursuant to Rule 07E.0403 shall make a presentation on a topic selected by the Department from the Notary instructor curriculum.
Provides that an instructor applicant who makes an additional oral presentation pursuant to Rule 07E.0404 will be evaluated pursuant to the factors set out for first time presentations.
Provides that an instructor applicant who fails to pass the second oral presentation within the time set in Rule 07E.0403 and who wishes to become a certified instructor shall comply again with Rule 07E .0105.
Requires an instructor applicant who does not comply with the requirements for instructor recertification before expiration of the existing certification to (a) notify the institutions at which the instructor taught prior to the expiration; and (b) not teach a Notary course before becoming certified as a Notary instructor again.

Certified Notary Instructor Duties

Provides rules, as specified, for a certified Notary instructor to verify the identity of each student in a Notary course during the first instructional period and again prior to signing the application of a traditional Notary applicant.
Provides rules, as specified, for a certified instructor to follow regarding the auditing of courses by students.
Requires a certified Notary instructor to follow the Department curriculum for Notary courses unless the Department grants a written variance to the instructor pursuant to the rules in Section .0800 of Subchapter 07E.
Provides rules, as specified, for a certified instructor to follow regarding the administration of and grading of exams.
Provides rules, as specified, for a certified instructor to follow regarding reporting students suspected of cheating.
Provides rules, as specified, that a certified instructor to follow regarding complaints received by the Department.
Requires a certified Notary instructor to demonstrate a professional demeanor, as defined, instruction and administration of all duties.
Authorizes certified Notary instructors to submit a written request addressed to the Director requesting approval of a variance allowing use of instructional aids in addition to or differing from those established by the Department, and provides rules, as specified, for submission by the instructor and approval by the Department of the variance request.
Requires a certified Notary instructor to sign a student's Notary application only after the student has successfully completed the course.
Prohibits a certified Notary instructor from signing a student's Notary application if the name on the satisfactory evidence presented does not match the student's name for use on a Notary commission.
Provides that the institution where a Notary course is taught shall determine whether a certified Notary instructor may administer a retest to a student who fails a Notary course exam.
Provides rules, as specified, if a certified Notary instructor retests a student who fails a course exam.
Provides rules, as specified, for the duties of a certified Notary instructor regarding student evaluations and the use of student evaluations for assessing the effectiveness of certified Notary instructors.

Analysis

The Department of the North Carolina Secretary of State has adopted its "Phase 2" administrative rules. In 2023, the Department chose to adopt lengthy rules in three phases. This particular phase contains rules for Notary commissions, accessing the Department, Notary instructor certification, and more. Most rules take effect July 1, 2024 as indicated above, but certain rules take effect March 1, 2025. Due to the length of the adopted rules, we have truncated the descriptions of certain rule changes for the sake of brevity.

Read the adopted administrative rules (see pages 1270-1298).