AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC (EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017) (MontCourt News & Announcements)

 
Court News & Announcements
09/12/17 AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC (EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017)
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12/08/15 AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015
12/10/14 PROPOSED AMENDMENTS TO LOCAL RULES 2.01, 2.07, 2.31, 2.39
09/04/14 Veterans Treatment Court Mentoring Program
08/25/14 Amendments to Local Rules 2.01 – 3.15 Effective August 29, 2014
08/25/14 Revised Local Rule 1.15 Effective August 29, 2014
07/30/14 Veterans Treatment Court
05/07/14 AMENDMENTS TO LOCAL RULES: Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014
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10/01/13 NEW LOCAL RULES: 3.12, Drug Court 3.13, Veteran’s Court 3.14, Felony Non-Support Court
08/22/13 LOCAL RULE 2.39 CIVIL MEDIATION EMERGENCY STATUS UPDATE
08/16/13 PROPOSED AMENDMENTS, LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL
04/08/13 NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
03/06/13 AMENDMENTS TO LOCAL RULE 2.03, COSTS
02/01/13 MANDATORY ELECTRONIC FILING OF CRIMINAL AND FUGITIVE CASES
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08/08/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 2.31
05/01/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.23
11/02/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.27 and 2.39
08/08/11 AMENDMENT TO LOCAL RULE 1.33 EFFECTIVE AUGUST 8, 2011
06/08/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.15 1.35 1.37 1.41 2.17
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03/07/07 Proposed Local Rule Change
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03/11/04 PROPOSED AMENDMENTS TO LOCAL RULES
02/12/04 HABITAT AWARD
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AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC (EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017)

Posted: 2017-09-12

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC

(EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 1.33 effective OCTOBER 2, 2017.

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, September 18, 2017, through Thursday, November 16, 2017.

Comments regarding the adopted amendments to Local Rule 1.33 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH  45422

Comments must be received by 4:30 p.m. on Thursday, November 16, 2017.

Rule 1.33 – Examination, Certification, Renewal and Removal of Notaries Public

A.      JUDGES’ COMMITTEE ON NOTARIES PUBLIC:

1.      A Judges’ Committee on Notaries Public (“Committee”), consisting of members of the Dayton Bar Association (“DBA”) appointed by the President of the DBA and approved by the Board of Trustees of the DBA, shall be formed.

2.      The Committee, or its subcommittee, from time to time, but not less than once each month, shall conduct examinations of all applicants for the office of Notary Public to determine whether an applicant possesses the qualifications necessary to properly discharge the office of Notary Public as set forth in R.C. § 147.02 and this Rule.

B.      ORIGINAL EXAMINATIONS:

1.      Applications:  All applicants for Notary Public Commissions shall appear before the Secretary of the Committee and shall file:

a.      an application with a sworn written statement in the form prescribed by the Committee and containing all the information requested by the Committee and

b.      a fee of $5560.00 plus the statutory fee prescribed by the Revised Code.

2.      The Secretary of the Committee (“Secretary”) shall conduct a background check of the applicant.

3.      The Secretary shall:

a.      Conduct an examination of the applicant.

b.      Submit the applicant’s examination to a representative of the committee to be graded.

c.       Submit a written report containing the names of applicants passing the examination, complete with applications, to the designated Judge of the Court (“Designated Judge”).  The names of applicants contained in the report are recommended by the committee for certification for the office of Notary Public.

d.      Notify applicants who have not passed the examination will receive written notification via U.S. Mail or electronic mail within seven days of examination.

4.      Failure to Appear:  If the applicant fails to appear for a scheduled examination, the Secretary shall:

a.      Schedule an alternative examination date.

b.      Notify the applicant by mail that, unless the applicant appears for the alternative examination date, the application shall be canceled and the fee shall be forfeited.

c.       If the applicant appears for the examination, the Secretary shall proceed pursuant to Subsection (B)(3) of this Rule.

d.      If the applicant fails to appear for the alternative examination date after proper notification, cancel the application and retain the applicant’s fee. 

5.      Certificate of Qualification:

a.      Review by Designated Judge:  Upon receipt of the Secretary’s written report, the Designated Judge shall review the application and statement in light of the Committee report and grant or deny the applicant a certificate of qualification as required by law.

b.      The certificate of qualification shall indicate that the applicant is of good moral character; that the applicant is a resident of Montgomery County, Ohio; that the applicant possesses sufficient qualifications and abilities to discharge the duties of the office of Notary Public; and whether the applicant is an attorney at law qualified and admitted to practice in Ohio.

C.      APPEAL FROM ADVERSE COMMITTEE REPORTS:

1.      If the applicant’s certificate of qualification is denied, the applicant may request a hearing on the application by providing written notice to the Secretary, within five days of receiving the notice of the report, of the applicant’s desire for a hearing on the adverse report.

2.      Upon receipt of the request for a hearing, the Secretary shall set a time and place for the hearing, and provide notice to the Committee. 

3.      After the hearing, by the Committee, the Designated Judge shall grant or deny the applicant a certificate of qualification as required by R.C. § 147.02 and this Rule.

D.     RE-EXAMINATION:

If an applicant fails the original examination and the applicant does not appeal the adverse Committee report or the applicant’s appeal is denied, the applicant may file an application for re-examination.

1.      All applications for re-examination shall proceed in accordance with Subsection (B) and (C) of this Rule.

2.      Fee:  A fee of $30.00 shall be paid with the application for re-examination.

3.      Time period for application for re-examination:

a.      Upon the unsuccessful completion of a first or second examination, an applicant may file an application for re-examination after 30 days have elapsed from the date of the last unsuccessful examination.

b.      Upon the unsuccessful completion of a third examination, an applicant may file an application for re-examination after 60 days have elapsed from the date of the last unsuccessful examination.

c.       Upon the unsuccessful completion of a fourth or subsequent examination, an applicant may file an application for re-examination after one year has elapsed from the date of the last unsuccessful examination.

E.      RENEWAL:

A person who has been commissioned as a Notary Public in accordance with this Rule may seek renewal of the commission.

1.      Application:  A Notary Public seeking renewal of a commission shall file an application with the Secretary.  The application shall be made in writing, under oath, and shall include:

a.      The information required by the Committee and

b.      A fee of $5560.00 plus the statutory fee prescribed by the Ohio Revised Code.

2.      Examination and Approval:  Every application for renewal shall be examined by the Secretary or a member of the Committee designated by the Chair for the purpose of reviewing renewal applications, and, except for good cause shown, the Chair or his or her designee shall approve the application for renewal.  Upon approval, a certificate of qualification shall be issued in accordance with Subsection (B)(5) of this Rule.

3.      Appeal:  If an application for renewal is denied, the applicant may appeal the denial in accordance with the procedures set forth in Subsection (C) of this Rule.

F.       REMOVAL:

The Committee may seek the removal, suspension, or discipline of any Notary Public by filing a complaint with the Clerk.  Such complaint shall be heard and determined by the Committee after notice of the hearing is provided to the individual or individuals against whom the complaint is filed.

G.      ACCOUNTING FOR FEES:

All fees set forth herein shall be paid to the DBA to cover the expenses of the Committee and the costs of the secretarial, clerical and accounting services rendered to the Committee.  On or before September 1 of each year, the DBA shall present to the Court Administrator an accounting of all fees received pursuant to this Rule and all expenditures made by the Committee.

 
     
 
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