Tritt v. Cortes
Tritt v. Cortes
Opinion of the Court
OPINION
This direct appeal requires that we consider the scope of the notary public education requirement.
On December 9, 2002, the General Assembly substantially revised the Notary Public Law,
(c) As a condition for the Secretary of the Commonwealth’s issuance of a notary commission to an applicant not appointed to the office of notary public as of the effective date of this subsection, a notary applicant must complete at least three (3) hours of approved notary education within the six (6) month period immediately preceding their application.
57 P.S. § 151(c). In addition, the section respecting reappointment was amended to clarify eligibility along the following lines:
Applications for reappointment to the office of notary public shall be filed at least two months prior to the expiration of the commission under which the notary is acting. Persons seeking reappointment must continue to meet the requirements set forth in section 5 in order to be reappointed.
57 P.S. § 152 (footnote omitted).
Appellant, Connie J. Tritt, a notary public whose commission is set to expire on October 5, 2004, filed an application for reappointment on May 5, 2003, -with Appellee, Pedro A.
The Secretary filed preliminary objections, requesting that Ms. Tritt’s petition be dismissed for, inter alia, failing to state a claim upon which relief could be granted. In support, the Secretary noted that he administers and enforces the Notary Public Law and maintained that his interpretation of Sections 5 and 6 of the Act was reasonable and, thus, entitled to deference. Furthermore, the Secretary offered that the application of the rules of statutory construction confirm his interpretation.
The Commonwealth Court sustained the Secretary’s preliminary objection for failure to state a claim and dismissed the petition. See Tritt v. Cortes, 836 A.2d 173, 178 (Pa.Cmwlth. 2003). In so holding, the court emphasized that it would not disturb the Secretary’s interpretation of the statute in the absence of fraud, bad faith, abuse of discretion, or clearly arbitrary action. See id. at 177. After reciting various rules of statutory construction, including the principle that the.
In general, the interpretation of a statute is a question of law, see Borough of Pottstown v. Pennsylvania Mun. Ret. Bd., 551 Pa. 605, 611, 712 A.2d 741, 744 (1998), with the objective being to ascertain and effectuate the intent of the General Assembly. See 1 Pa.C.S. § 1921(a). In this regard, the plain language of a statute is the foremost indication of legislative intent. See Commonwealth v. Gilmour Mfg. Co., 573 Pa. 143, 148, 822 A.2d 676, 679 (2003). While, as emphasized by the Secretary, an interpretation of a statute by those charged with its administration and enforcement is entitled to deference, see id. at 149, 822 A.2d at 679, such consideration most appropriately pertains to circumstances in which the provision is not explicit or is ambiguous. See 1 Pa.C.S. § 1921(c)(8); Pennsylvania Fin. Responsibility Assigned Claims Plan v. English, 541 Pa. 424, 430, 664 A.2d 84, 87 (1995).
Here, Section 5(c) of the Act explicitly limits the educational requirement to “applicants] not appointed to the office of notary public as of the effective date of this subsection[.]” 57 P.S. § 151(c).
Nor do we view the fact that the General Assembly chose to add a requirement of notary education for more recent appointees while exempting those already commissioned as necessarily unreasonable or absurd; indeed, the exemption may simply reflect an acknowledgment that those individuals satisfied the then existing requirements for appointment and, presumably, attained some degree of practical experience.
Accordingly, the present appeal is taken as submitted on the briefs, the order of the Commonwealth Court is reversed, and the mattér is remanded for further proceedings in accordance with this opinion.
. Act of Aug. 21, 1953, P.L. 1323, §§ 1-23 (as amended, 57 P.S. §§ 147-169) (the "Act”).
. The Commonwealth Court has original jurisdiction over actions against officers of the Commonwealth acting in their official capacity. See 42 Pa.C.S. § 761(a)(1).
. Notably, the limitation was added immediately prior to the final vote on the legislation in the House of Representatives. See Legis. J.— House at 1226-27 (June 5, 2001).
. The Secretary characterizes the education requirement as one of a continuing nature, similar to that imposed in professional occupations, for instance, accountants, 63 P.S. § 9.8b(b), and attorneys, Pa.R.C.L.E. 105(a). Although the question of whether the education requirement is an ongoing obligation is not presently before the Court, we would note that other jurisdictions have specifically addressed this issue in their respective statutory schemes. Compare, e.g., Cal. Gov't Code § 8201(b)(2) (1992) (providing that notaries who have completed a course of study need only complete a refresher course prior to reappointment) with N.C. Gen.Stat. § 10A-6 (1995) (exempting notaries seeking to be re-commissioned from the course study requirement).
. It seems questionable, however, whether under this justification, Ms. Tritt’s filing fee should be treated as forfeit.
Dissenting Opinion
dissenting.
Because I do not agree that the Notary Public Law (“the Act”)
The Act has two provisions detailing requirements for an applicant to receive a commission as a notary. 57 P.S. § 151 controls those situations in which a person is first applying to become a notary. Subsection (c) of that statute states that after July 1, 2003,
57 P.S. § 152, on the other hand, states the requirements that must be met for an existing notary to be reappointed. It specifically states that an existing notary may not be reappointed unless she meets the requirements set forth in 57 P.S. § 151.
In my opinion, these two statutes read together stand for the proposition that a person who held a commission as notary prior to July 1, 2003 need not immediately complete continuing educational requirements. Yet, per § 152, a reappointment will not be forthcoming unless that notary complies with § 151’s requirements regarding continuing education.
For the sake of argument, I will concede that it is possible to find that these statutes, when read together, are ambiguous as to the continuing educational requirements for those individuals who held commissions as notaries on July 1, 2003. In that event, the Statutory Construction Act requires that we examine the intent of the legislature. See 1 Pa.C.S. § 1921. In conducting such an examination, we are directed to inquire, inter alia, as to the mischief the legislation was to remedy, the object to be obtained by the legislation, and the consequences
I believe the Legislature engrafted these new continuing educational requirements on the Act in order to ensure that our notaries are informed of the nature of their work and stay current with regard to any legal developments that would affect the discharge of their duties. In short, it desired that our notaries be competent. Contrary to the assertion of the majority, I cannot see how this legislative goal will be effectuated by interpreting the Act in such a way that essentially two classes of notaries are created: those who will complete continuing educational requirements, and presumably will be abreast of any changes regarding their duties, and those who will not. Such an interpretation will not logically advance the goal of the Legislature and, in my opinion, borders on the absurd.
Accordingly, because I do not agree that the Act provides a permanent exemption from continuing educational requirements to those notaries appointed before July 1, 2003, I must respectfully dissent.
. 57 P.S. § 147 et seq.
. July 1, 2003 is the date on which the amendments mandating continuing education for notaries became effective.
Reference
- Full Case Name
- Connie J. TRITT, Appellant, v. Pedro A. CORTES, Secretary of the Commonwealth, Appellee
- Cited By
- 29 cases
- Status
- Published