STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF COLUMBUS 07 SOS 2241
BENNETT JEFFREY PACKER )
Petitioner, )
)
v. )
)
NORTH CAROLINA DEPARTMENT )
OF THE SECRETARY OF STATE )
)
Respondent. )
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF COLUMBUS 07 S0S 2242
STEPHANIE BANKS PACKER )
Petitioner, )
)
v. )
)
NORTH CAROLINA DEPARTMENT )
OF THE SECRETARY OF STATE )
Respondent.
ORDER GRANTING SUMMARY JUDGMENT
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This matter comes on to be heard and being heard on Respondent’s Motion for Summary Judgment and the Court, having considered the statement of facts, affidavits, arguments of counsel, and legal memoranda filed by counsel and the whole record, hereby finds that Respondent’s Motion for Summary Judgment should be granted.
FINDINGS OF FACT
1. On or about November 2, 2007, Respondent received both Petitioner’s Applications for Appointment as a North Carolina Notary Public. The applications were for each applicant’s initial notary commission.
2. On their respective applications, Petitioners stated in question 12 that they had attended a notary public education course on December 10, 2006, at Bladen Community College.
3. Petitioners’ applications were received 11 months after they completed the course of classroom instruction.
4. The North Carolina Notary Public Law requires each applicant for an initial notary commission to take a course of classroom instruction within three months preceding the application. N.C. Gen. Stat. § 10B-8(a)
CONCLUSIONS OF LAW
1. This Court has jurisdiction of the subject matter and the parties herein pursuant to Chapters 150B and 10B.
2. Petitioner’s took the notary public education course on December 10, 2006.
3. Petitioner’s applications for initial appointment as North Carolina Notaries Public were received by Respondent on November 2, 2007.
4. Petitioner’s application for initial appointment as North Carolina Notaries Public were submitted 11 months after taking the notary public education course.
5. N.C. Gen. Stat. § 10B- 8 requires an applicant for initial appointment as a North Carolina Notary Public to submit an application within 3 months of taking the notary public education course.
6. Respondent properly denied Petitioners’ applications for a North Carolina Notary Public Commission pursuant to N.C. Gen. Stat. § 10B-5(d)(2) based on Petitioners submitting their applications for initial appointment as North Carolina Notaries Public more than 3 months after taking the notary public education course.
7. Respondent did not act arbitrarily, capriciously or contrary to law when it denied Petitioners’ applications for North Carolina Notary Public Commissions.
8. There are no genuine issues of material fact in dispute. As such, summary judgment is appropriate.
BASED UPON the foregoing findings and conclusions, the Court hereby orders and decrees as follows:
1. Respondent’s denial of Petitioners’ applications for a North Carolina Notary Public Commission is affirmed.
2. Respondent’s Motion for Summary Judgment is granted.
NOTICE
The decision of the Administrative Law Judge in this contested case will be reviewed by the agency making the final decision according to the standards found in G.S. 150B 36(b), (b1) and (b2). The agency making the final decision is required to give each party an opportunity to file exceptions to the decision of the Administrative Law Judge and to present written arguments to those in the agency who will make the final decision. G.S. 150B-36(a). The agency that will make the final decision in this contested case is the North Carolina Department of the Secretary of State.
This the 9th day of June, 2008.
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J. Randall May
Administrative Law Judge