Section 176.230  Notary Public Course of Study and Examination − Student Contracts

a)         Before instruction begins and any fees are collected, each student shall be informed of the amount of all fees or charges relative to the notary public course of study, including but not limited to enrollment, tuition, equipment, textbooks, and instruction manuals.  The provider shall not require mandatory purchase of the provider’s proprietary software or shareware unless this fee was expressly included in the disclosure of fees made before the student's enrollment in the course.

b)         If a provider requires the installation of a free or trial version of its proprietary software, it must be bundled with an uninstallation shortcut that will completely remove that software and any associated registry entries.

c)         All contracts or agreements between any provider and any individual or group for the sale, purchase, barter, or exchange of any notary public course of study instruction, must contain the following:

1)         A statement that the agreement constitutes the entire contract between the provider and the student and that no verbal assurances or promises not contained in this agreement will bind the provider or the student.

2)         A statement indicating that all disputes under this Section must be directed to the Secretary of State.

d)         The term "no refund" and a no-refund policy concerning student payments are not permitted in any notary public course of study contract.  A provider may use the phrase: "The provider will not refund any fees if the provider is capable and willing to perform its part of the contract."

e)         If a provider fails to comply with the provisions of a contract or agreement between the provider and any of its students, the provider must refund all monies paid by the students as the consideration for performance of the contract or agreement by the provider unless the student has violated the provisions of the contract or agreement.

f)         Any provider that subcontracts any portion of the course of study or examination must notify the Index Department before entering into the subcontracting relationship.  

(Source:  Added at 47 Ill. Reg. 8640, effective June 5, 2023)