Could a Louisiana parish notary examining committee pay its members a stipend or reimburse expenses?

Plain-English summary

St. Helena Parish's Notary Commission asked in 2005 whether its examining committee members could be paid for their work and reimbursed for expenses. The Attorney General said a stipend or per diem was improper because the law did not authorize either payment. It distinguished reimbursement of reasonable out-of-pocket expenses, which it treated as a proper administrative cost.

The opinion also pointed to R.S. 35:191.1, requiring the Secretary of State to develop uniform statewide notary-examination standards, and quoted a provision allowing a charge to examinees after those standards were implemented.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Could committee members receive a stipend for examination work?

The AG said no. It found no legal provision authorizing a stipend or per diem for members of a notarial examining committee.

Could an examiner recover expenses incurred for the committee?

Yes, to the extent they were reasonable out-of-pocket expenses. The AG treated that reimbursement as an administrative cost.

Did the opinion identify another office responsible for examination standards?

Yes. It said R.S. 35:191.1 required the Secretary of State to develop uniform statewide standards for notarial examinations.

Background and statutory framework

The opinion separated payment for a committee member's service from repayment of actual expenses. It cited earlier Attorney General opinions for the expense treatment and referred the commission to the Secretary of State for examination procedures. The retrieved official PDF refers to copies of the earlier opinions as attachments, but those copies are absent from the extracted PDF text.

Citations

• R.S. 35:191.1 (statewide notarial examination standards).
• R.S. 35:191.1(B)(2) (examinee fee provision quoted by the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0216

Original opinion text

July 28, 2005
OPINION 05-0216

Mr. Clifton T. Speed
Attorney at Law
73 NOTARIES - Appointments & Qualifications
14498 La. Hwy 37
R.S. 35:191.1
Payment of a stipend or per diem to members of a notarial P. O. Box 728 examining committee is improper. Reimbursement to the Greensburg, Louisiana 70441 notarial examiners of their reasonable out-of-pocket expenses is a proper administrative cost.
Dear Mr. Speed:

On behalf of the St. Helena Parish Notary Commission, you ask (1) whether there is any authority for the payment of any member of the Commission for work performed in connection with his or her appointment, and if so, what guidelines should be followed, and (2) whether the member of the Commission may be compensated for out-of-pocket expenses.

In response to your first question, there is no provision in the law which authorizes the payment of any kind of stipend or per diem to members of a notarial examining committee. Thus, the payment of a stipend or per diem is improper.

In response to your second question, reimbursement to the notarial examiners of their reasonable out-of-pocket expenses is a proper administrative cost. See Attorney General Opinions 80-886, 80-210 and 78-920, copies attached.

Finally, note that the Secretary of State is required by R.S. 35:191.1 to develop uniform statewide standards for notarial examinations. Further, R.S. 35:191.1(B)(2) states:

(2) Upon implementation of the uniform statewide standards for examinations pursuant to this Section, charge a fee not to exceed fifty dollars for each examinee taking an examination furnished to the parish examining committee.
(Emphasis added).

You may wish to consult with the Secretary of State’s office for further instruction regarding guidelines and procedures.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

OPINION 05-0216

73 NOTARIES - Appointments & Qualifications
R.S. 35:191

Payment of a stipend or per diem to members of a notarial examining committee is improper. Reimbursement to the notarial examiners of their reasonable out-of-pocket expenses is a proper administrative cost.

Mr. Clifton T. Speed
Attorney at Law
14498 La. Hwy 37
P. O. Box 728
Greensburg, Louisiana 70441

Date Received:
Date Released: July 28, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL