Examination Format for the June 1, 2013 Examination
The three components of the Louisiana State Notary Examination are administered in one six-hour sitting. To pass the examination, applicants must earn a passing score on all three components. Applicants may take as much time as they choose on each component; however, they may work only on one component at a time, in the following order: Scenario Component, Research Component, and Multiple-Choice Component.
The recommended time for each component is as follows: Scenario Component: 3 hours; Research Component: 1.5 hours; Multiple-Choice Component: 30 minutes. These times are recommended only; applicants may spend as much time as they choose on a component, not to exceed six hours for the entire testing period, including any breaks the applicant may elect to take between components. Although applicants may use the time in any manner they choose, they must complete and turn in the materials for one component before proceeding to the next.
The Scenario Component requires the applicant, acting in the role of notary, to complete notarial transactions requested by a constituent. Transactions called for in the scenario will pertain to one of three categories of notarial practice: (1) the conveyance and mortgage of immovable property; (2) wills and testamentary trusts; and (3) succession by affidavit. For the June 2013 examination, the category will be conveyance and mortgage of immovable property. The applicant may be asked to prepare and execute, in proper form, notarial instruments that effect (i.e., bring about) the alienation and encumbrance of immovable property, including but not limited to related instruments discussed in the 2013 study guide, in addition to those listed on pages 569–572. Questions on wills and testamentary trusts and on succession by affidavit may appear on both the Multiple Choice and the Research Component. The applicant must develop the notarial instruments and any related documents necessary to satisfy the request of the constituent. The instruments and documents must be prepared in accordance with examination instructions and must (1) comply with applicable statutory requirements and directives, and (2) give *legal effect to the requests of the constituent as presented in the scenario. (It is assumed that the notary will appropriately deliver, file, or record the completed documents.)
For the Scenario Component the applicant may use only the current (2013) edition of Fundamentals of Louisiana Notarial Law and Practice (the Louisiana notary-public examination official study guide published by the Secretary of State) although it is not required. The pages existing in the study guide may be marked up, highlighted, or annotated in any way, but it may NOT include inserted pages, tabs, or attachments of any kind. An attachment will consist of any material affixed (glued, taped, stapled, et.al.) or overlaid into or on any pages of the book. No other resources may be used on this portion of the examination.
The Research Component presents the applicant with brief texts or passages pertaining to aspects of notarial practice in Louisiana. The applicant will respond to a number of multiple-choice items drawn from the text. Of particular concern in this component are the notarial instruments listed on pages [569–572] of the study guide, though test items are not necessarily limited to these instruments. The items will require the applicant to demonstrate critical understanding of aspects of Louisiana notarial practice and to locate information in West’s Louisiana Civil Code (LCC), a publication in two volumes (Thomson/West) edited by A. N. Yiannopoulos. For this component, the examinee will be required to use either of the two most recent editions ( 2012, 2013) of the LCC and the 2013 edition of the official study guide. Applicants must furnish their own copies of either resourceThe pages in the LCC and the study guide may be marked up, highlighted, or annotated in any way, but inserted pages, tabs, or attachments of any kind are NOT allowed. As indicated above, an attachment will consist of any material affixed (glued, taped, stapled, et.al.) or overlaid into or on any pages of your book. No other resources may be used on this portion of the examination.
The Multiple-Choice Component consists of items pertaining to information from the 2012 or 2013 edition of the West’s Louisiana Civil Code (LCC) and the 2013 Louisiana notary public examination official study guide. These items test the applicant’s (1) knowledge of the material contained in, or referenced by, the study guide and the LCC and (2) ability to comprehend and apply the information. No reference materials may be used on this part of the test. Using reference materials here constitutes cheating and is grounds for dismissal from the test.
Sources of Examination Items
The June 1, and Dec. 7, 2013, examination will be drawn from the 2013 edition of the official study guide and from the 2012 or 2013 edition of the LCC. Substantive information in earlier editions of both the LCC and the official study guide is no longer applicable to informed and accurate notarial practice.
Exemption from Specific Components
Applicants who pass any component of the test but fail to receive a passing overall score are exempted from the passed component(s) for three years.
Important Examination-Day Information
Eating (including consumption of candy, gum, and breath mints), drinking, and the use of tobacco or reading materials are not permitted in the testing room. Other prohibited items include timers, cell phones, pagers, electronic devices of any kind, computers, PDA’s, recording devices, media devices, textbooks, dictionaries, notes, and scratch paper. If an applicant is found with an electronic device at his or her desk at any time during the examination, or if the applicant uses any such device at any time during the test (including the break), he or she will be dismissed from the examination, will not receive a refund, and the applicant’s test will not be scored.
Procedures for Review
La. R.S. 35:191.1 (A)(3) makes a provision for review of examinations.
Multiple-Choice and Research components: All multiple-choice items are subjected to post-test statistical analysis that provides a basis for adjustments to the passing score for these components. Additionally, at the test administration, applicants may request a form on which they may challenge the validity of any multiple-choice or research item as written. All written applicant challenges to test items will be reviewed by the scoring team.
Scenario Component: All applicant scenario responses are scored and reviewed by multiple scorers.
Applicant Review of Scenario Component: Any applicant who fails the scenario portion of the notary exam shall have the right to review his or her failing examination booklets and the representative good answers for the failed examination after formally notifying the LSU Office of Assessment and Evaluation, 51 Himes Hall, Baton Rouge, LA 70803 via email (email@example.com) or by certified mail. This request must be received within 14 days after the scores have been reported. It is the responsibility of the applicant to ensure that the request for review was received by LSU. Applicants will be notified in writing or via email of the review date and time they will attend. A make-up review day also will be designated. All test reviews will take place on the campus of Louisiana State University on the specified dates. Applicants will receive an acknowledgement via email that they may print or, if the request is made by certified mail, an admission letter. The day will be divided into 2 review sessions. Applicants must complete their review during one session only. No applicant will be allowed more than one review session. The review times will be from 8:30 until 12:00 and from 1:00 until 4:30 on the specified review dates. Applicants must sign a receipt for all examination booklets and representative good answers received for review. No person other than the applicant will be allowed to review the materials or to participate in the review. Applicants will not be allowed to take notes or to copy or to remove any failed examination booklets or representative good answers. The applicant must return the examination booklet and representative good answers to the monitor before being allowed to sign out. The initial reported score for the applicant’s scenario examination response shall be final. Following the review dates, all failing scenario examination booklets may be destroyed. All scores are final. No cause of action shall arise in favor of an applicant as a result of the applicant's exercise of the review privilege.
*The term “legal effect” means that the provisions are stated clearly and concisely and that the intentions of the parties are stated in such a manner that a third party not related to the transaction can reasonably rely on the face of the document without the need for judicial intervention to interpret the intent of the parties to the document. A notarial document that either causes a cloud on the title or necessitates multiple interpretations of the document shall be deemed by the examiners “not to give legal effect” even if subsequently a court may interpret the document as the author intended.
Updated January 2013