Nev. Admin. Code § 240.695

Current through November 8, 2024

Section 240.695 - Requirements for credential analysis to confirm identity of principal

1. To conduct a credential analysis for the purpose of identifying the principal pursuant to NRS 240.1997 and sections 15 and 20, an electronic notary public shall use a reputable third-party vendor or software tool that:

(a) Demonstrates a proven credential analysis process that enables the electronic notary public to compare for consistency the information and photograph on a credential presented by a principal and the principal as viewed by the electronic notary public; and

(b) Employs a technology that:

(1) Requires a credential to pass a test of its authenticity that:

(I) Is consistent with sound commercial practices;

(II) Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;

(III) Uses appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; and

(IV) Uses information held or published by the issuer of the credential or another authoritative source, as available, to confirm the validity of the details of the credential; and

(2) Provides the output of the authenticity test to the electronic notary public.

2. If an electronic notary public is unable to validate a credential presented by a principal or determines that the information and photograph on the credential are not consistent with the principal as viewed by the electronic notary public, the electronic notary public must not:

(a) Complete the electronic notarial act; or

(b) Make any further attempt to complete an electronic notarial act for the principal by using the credential to confirm the identity of the principal.

Nev. Admin. Code § 240.695

Added to NAC by Sec'y of State by R065-19A, eff. 12/18/2019

NRS 240.017, 240.1991, 240.1997, 240.206