RULE 10                                NOTARIES PUBLIC

  

A.) Applicants for Notary Public

1.)   This Court shall not issue or approve the certificate of qualifications required by R.C. 147.01 in connection with applications for appointment a notaries public unless the applicant is a resident of Columbiana County, Ohio, and is a) a member of the Bar of the State of Ohio in good standing; or b) has passed an examination pursuant to this Rule; or c) is exempt from such examination.

2.)   The Court hereby establishes a committee consisting of a Chief Examiner and four (4) examiners to be known as Notary Public Examination Committee.  Members of the Committee shall be attorneys licensed to practice in the State of Ohio in good standing and members of the Columbiana County Bar Association, and shall be appointed for a term of five (5) years.

3.)   The Notary Public Examination Committee shall have the duties to establish an examination for notaries public, distribute notary public instructional booklets through the Committee, or through the Clerk of this Court, administer and grade examinations, certify those persons who have passed examinations to this Court, establish a passing grade for the examinations, collect fees as required by this Rule and remit them to the Court and perform such other duties as are necessary to implement this Rule, Chapter 147 of the Revised Code and  as required by this Court.  The Chief Examiner shall be chairman of the Committee, shall grade all examinations, shall provide to successful applicants notification of any passed examination, shall collect and retain the fees provided by this Rule and remit those to the Court upon order. The chairman may call such meetings of the examiners as the chairman deems necessary for the proper functioning of the Committee and may establish such other procedures with the consent of the Committee members for the proper functioning of the Committee and for the implementation of this Rule.

4.)   The instructional booklet published by the Notary Public Commission of the Court of Common Pleas of Cuyahoga County, Ohio, shall be used by the Committee as its instructional booklet and the examination shall be prepared from such booklet.  The booklet shall be provided, for a fee, to anyone wishing to apply to take the examination by any examiner or by the Clerk of this Court.  The Committee shall establish a fee for the booklet, which fee shall be the cost of the booklet, plus fifty cents ($.50).  All money collected by examiners or the Clerk of the Court for the booklets, less fifty cents ($.50) per booklet, shall be remitted to the chairman.  The seller of the booklet shall keep fifty cents ($.50) as a fee. The chairman shall use the money collected from the sale of the booklets for repurchase of new booklets for the functions of the Committee or otherwise ordered by the Court.

5.)   Applicants for examination shall pay a fee of Ten Dollars ($10.00) for the examination.  The fee shall be paid to the examiner on or before the day of the examination.  The examiner shall retain Four Dollars ($4.00) as a fee for giving the examination. The balance of the fee shall be remitted to the chairman.  The chairman shall retain Four Dollars ($4.00) for grading the examination.

6.)   The Chairman shall retain the balance of all fees received from the Committee in an interest bearing account to be expended upon order of this Court.  The Court in its discretion shall expend the fees so collected for the maintenance of the Committee and for such other purpose as the Court deems appropriate for the administration of the Court.

7.)   All applicants for Notary Public who have who have passed examinations shall present an application form as provided by the Office of the Governor of the State of Ohio and the notice from the Committee that the applicant has passed the examination to the Clerk of this Court.  The Clerk of this Court shall present renewal and new applications and accompanying documents to the Administrative Judge of this Court for his review and approval or disapproval.  The Clerk shall be entitled to charge a fee of One Dollar ($1.00) for processing Notary Public applications in addition to any fee for filing Notary Commission and shall be entitled to keep that fee for the operation of the Clerk of Court’s Office.

8.)   Anyone who has previously been appointed Notary Public, whether through examination or otherwise, is exempt from the operation of this Rule.  Anyone passing an examination after the implementation of this Rule shall not have to take any examination for renewal.  All  applications for renewal shall be presented to the Clerk of this Court, with documentation that the applicant for renewal has previously passed the examination, or previously been appointed a Notary Public.  Renewal applications shall be on the form prescribed by the Office of the Governor of Ohio.

9.)   The effective date of this Rule shall be January 1, 1991.