24 Pa. Commw. 613 | Pa. Commw. Ct. | 1976
Opinion by
In accordance with the provisions of the Administrative Agency Law,
On November 8, 1973 Downing suffered injuries in a fall from a ladder, while washing windows, and was admitted to the Easton Hospital. In accordance with hospital policy, he was requested, as an indigent, to sign an application for public assistance medical benefits, which application had been prepared by hospital personnel. Downing, who adheres to religious convictions against accepting charity, testified that, although he had signed some papers while under hospital-administered sedation,
The Bureau concluded as a matter of law that “[t]he facts as set forth herein indicate that the notary did not fulfill the strict interpretation of the Notary Act, supra, in that Michael Downing did not personally appear before her and acknowledge and swear that he was the person whose name was subscribed to the request for public assistance.” The Bureau further stated that her “failure to do so was a result of the administrative policy of the hospital and not because of any willful misconduct or intention to violate the law by Frances Schultz.” The Bureau, recognizing that The Notary Public Law provides that the “Secretary of the Commonwealth may, for good cause, reject any application, or revoke the Commission of any notary public,”
Inasmuch as the findings pertinent to the adjudication are not disputed, the Bureau argues that we must affirm its order as a proper exercise of administrative discretion. However, while we agree that The Notary Public Law does allow the Bureau some discretion in determining whether or not to revoke a notary commission, we believe that the Bureau here abused its discretion in failing to revoke the commission of Frances Schultz.
We believe, therefore, that the Bureau should have revoked the Commission at the time of Downing’s appeal and that in the least her commission should be suspended for a period of one year.
It is our understanding that Ms. Schultz currently holds a notary commission due to expire on April 6,1978, and in accordance with our powers under Section 44 of the Administrative Agency Law, 71 P.S. §1710.44, we issue the following
Order
And, Now, this 19th day of May, 1976, the order of the Bureau of Commissions is reversed and the notary commission of Frances Schultz, due to expire on April 6, 1978, is hereby suspended for a period of one year to begin ten days from the date of this order.
. Act of June 4, 1945, P. L. 1388, as amended, 71 P. S. §1710.1, et seq.
. Act of August 21, 1953, P. L. 1323, as amended, 57 P. S. §147, et seq.
. Section 22 of The Notary Public Law, 57 P. S. §168.