Local Rule 44
NOTARY
PUBLIC COMMITTEE
44. (A) For the purpose of assisting this Court in the
performance of its duties pursuant to Chapter 147 of the Revised Code of Ohio,
the Court hereby establishes a committee of five persons to be known as the Notary
Public Committee.
44. (B) The Court shall, by Journal Entry duly filed with
the Clerk of Court, appoint the members of the committee to serve until their
successors are appointed. The President
of the Crawford County Bar Association shall submit recommendations to the
Court for such appointments. All
members of the Committee shall serve at the pleasure of the Court.
44. (C) All notary public application shall be accompanied
by the fee provided by law for the Commission Clerk for the Secretary of State’s
Office, which amount shall be refunded to the applicant in the event the
application is not approved.
44. (D) All new applicants shall
be required to take an “open book” examination and achieve a minimum passing
score of 90%. The examination may be retaken
until a passing score is achieved.
Applicants for renewal who have not previously taken the examination
shall be required to take the “open book” examination and achieve a minimum
passing score of 90%. Applicants for
renewals may retake the examination until a passing score is achieved.
44. (E) Attorneys at Law admitted to the practice of law in
Ohio, and persons under their direct supervision, shall not be required to take
an examination. However, their
application shall be on the form prescribed by the Committee.
44. (F) Whenever it shall come to the attention of the
Committee that any Notary Public is improperly exercising his/her office or
powers in this county, it shall be the duty of the chairman, or any other
member of the Notary Public Committee to file a complaint with the Court
setting forth in a brief manner the acts or things done improperly by such
notary public. Said complaint shall
request a time and place to be set for a hearing thereon and verify that said
notary public has been duly notified.
The Court shall conduct a hearing on said complaint and make such orders
or findings as in its discretion are just and proper in the circumstances. If court appearances are required, the
attorney representing the Committee may submit a cost bill to the Court for
payment, but in no event shall said fee exceed $500.00.
44. (G) The Clerk of this Court shall accept for filing all
complaints filed pursuant to section 44 (F) and all filing fees, service costs
and court costs associated with the filing of such complaint shall be waived
until a judgment is entered by the Court for a violation, at which time such
costs shall be charged to the offender.
(Revised October
14, 2003)