Section 32-3-126 - Notarial officer fees(a) For performing a notarial act, a notarial officer may charge the maximum fees specified in this section, charge less than the maximum fees or waive the fees.(b) A notarial officer may charge the following fees:(i) Not more than ten dollars ($10.00) per notarial act; or(ii) Not more than ten dollars ($10.00) per acknowledgement, signature, oath or affirmation, certification or note of protest if more than one (1) person appears before a notarial officer to complete a notarial act on a single record;(iii) A technology fee associated with utilizing an electronic notarization system or other form of communication technology if:(A) The notarial officer and the person requesting the notarial act agree upon the total fee in advance of the notarial act; and(B) The notarial officer explains to the person requesting the notarial act that the technology fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.(iv) A travel fee when traveling to perform a notarial act provided that:(A) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the United States Internal Revenue Service;(B) The notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and(C) The notarial officer explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.(c) A notarial officer may require payment of any fees specified in this section prior to performance of a notarial act.(d) Any fees paid to a notarial officer prior to performance of a notarial act are nonrefundable, at the discretion of the notarial officer, if:(i) The act was completed;(ii) In the case of technology fees paid in compliance with this section, the act was not completed due to the principal failing to pass knowledge based authentication or identity proofing that may be required by an electronic notarization system or other form of communication technology, whether due to fraud or innocent reasons; or(iii) In the case of travel fees paid in compliance with this section, the act was not completed for reasons determined valid in rules adopted by the secretary of state.(e) An employer may prohibit an employee who is a notarial officer from charging for notarial acts performed as part of the employee's employment.Added by Laws 2021 , ch. 27, § 1, eff. 7/1/2021.