1. A notary routinely charges above the statutory maximum. What is the consequence?
- A civil penalty and a ground to revoke or suspend
- BA requirement to refund the excess to each client
- CA referral to the district attorney for prosecution
- DA note placed in the notary's file with no further action
Why A is correct
Why this is correct: Charging more than the statutory maximum fee is misconduct under the Notary Public Act. It is grounds for the Secretary of State to suspend or revoke the notary's commission and can also result in a civil penalty. Why the other choices are wrong: "A requirement to refund the excess to each client" may occur, but it is not the primary legal consequence stated in the law; the main consequences are disciplinary. "A referral to the district attorney for prosecution" is wrong; overcharging is typically a civil violation, not a criminal one, though extreme cases could be different. "A note placed in the notary's file with no further action" is wrong; the law prescribes active penalties for this violation. Exam tip: Overcharging is a serious offense that can cost you your commission. Always know and obey the fee caps.
