(a) This Chapter shall be known as Department of Justice (DOJ) regulations for Electronic Recording Delivery System (ERDS) and is referred to as these regulations.(b) These regulations establish guidelines, procedures, and standards following the enactment of the Electronic Recording Delivery Act (ERDA) of 2004, which authorizes a County Recorder, upon approval by resolution of the Board of Supervisors and system certification by the ERDS Program, to establish an ERDS for the delivery, and, when applicable, return of specified digitized and digital electronic records, subject to specified conditions, including system certification, regulation, and oversight by the ERDS Program.(c) These regulations may not be construed to administer the processes or procedures relating to the business of a County Recorder.(d) These regulations do not address prevention for tampering or fraudulent documents prior to transmitting into or after retrieving from an ERDS.(e) The Attorney General finds that this Chapter is consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001, et seq., and 47 U.S.C. Section 231) as contemplated in Section 7002(a)(2)(A). As provided in the Electronic Signatures in Global and National Commerce Act (E-SIGN), these regulations do not require, or accord greater legal effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic signatures. The performance standards specified in this Chapter are to assure the accuracy, record integrity, and accessibility of records delivered by a participating County Recorder via an ERDS.Cal. Code Regs. Tit. 11, § 999.100
1. New chapter 18 (articles 1-9, sections 999.100-999.223), article 1 (sections 999.100-999.101) and section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31). Note: Authority cited: Sections 27393 and 27399(a), Government Code. Reference: Sections 27391(a), 27392(a), 27393(a), 27393(b), 27393(c) and 27399, Government Code; 15 U.S.C. Sections 7001, et seq.; and 47 U.S.C. Sections 231 and 7002(a)(2)(A).
1. New chapter 18 (articles 1-9, sections 999.100-999.223), article 1 (sections 999.100-999.101) and section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).