WSR 06-20-061

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 29, 2006, 10:41 a.m. , effective November 1, 2006 ]


Effective Date of Rule: November 1, 2006.

Purpose: To increase the fees notaries public may charge for their services.

Citation of Existing Rules Affected by this Order: Amending WAC 308-30-020.

Statutory Authority for Adoption: RCW 42.44.190.

Adopted under notice filed as WSR 06-17-154 on August 22, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 29, 2005 [2006].

Nancy Skewis

Administrator

OTS-9141.1


AMENDATORY SECTION(Amending WSR 93-05-009, filed 2/5/93, effective 3/8/93)

WAC 308-30-020   ((Maximum fees that may be charged by notaries public.)) What fees may a notary public charge?   ((A notary public need not charge fees for notarial services. When fees are charged, notaries shall display in a prominent place, at the place of business, to the public, an English language schedule of fees for notarial acts. No part of the displayed notarial fee schedule may be printed in smaller than 10 pt. type. The following are the maximum fees that may be charged by notaries public for the following services:

(1) Witnessing or attesting a signature with or without seal or stamp, five dollars.

(2) Taking acknowledgment, or verification upon oath or affirmation, five dollars for the first two persons and five dollars for each additional person.

(3) Certifying or attesting a copy, with or without seal or stamp, five dollars.

(4) Receiving or noting a protest of a negotiable instrument, five dollars.

(5) Being present at demand, tender, or deposit, and noting the same, besides mileage at the rate of one dollar per mile, five dollars.

(6) For copying any instrument or record, per page, besides certificate and seal or stamp, one dollar for the first page and twenty-five cents for each remaining page.

(7) Administering an oath or affirmation, five dollars.

(8) Certifying that an event has occurred or an act has been performed, five dollars.)) (1) The maximum fees a notary may charge for notarial acts are:


NOTARIAL ACT FEE
Witnessing or attesting a signature $10.00
Taking acknowledgement or verification upon oath or affirmation $10.00
Certifying or attesting a copy $10.00
Receiving or noting a protest of a negotiable instrument $10.00
Being present at demand, tender, or deposit, and noting the same $10.00
Administering an oath or affirmation $10.00
Certifying that an event has occurred or an act has been performed $10.00

(2) A notary public need not charge for notarial acts. A notary who chooses to charge for notarial acts shall conspicuously display in their place of business, or present to each customer outside their business, an English-language schedule of fees for notarial acts. No part of the displayed notarial fee schedule may be printed in smaller than 10-point type.

(3) A notary may charge actual costs of copying any instrument or record.

(4) A notary may charge a travel fee when traveling to perform a notarial act if:

(a) The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and

(b) The notary explains to the person requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of this section and is not required by law.

[Statutory Authority: RCW 42.44.190. 93-05-009, 308-30-020, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 5 and 20. 85-24-025 (Order PL 571), 308-30-020, filed 11/26/85, effective 1/1/86.]

Washington State Code Reviser's Office