N.M. Admin. Code § 12.9.4.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 12.9.4.11 - IDENTITY PROOFING

If a notarial officer does not personally know the identity of a remotely located individual pursuant to Subsection A of Section 14-14A-6 NMSA 1978, the notarial officer must reasonably verify the individual's identity through two different types of identity proofing procedures as provided in this section. The procedure shall analyze the individual's identity credential against trusted third-person data sources, bind the individual's identity to the individual following successful knowledge-based authentication, and permit the notarial officer to visually compare the identity credential and the individual. The analysis of the identity credential and the knowledge-based authentication shall conform to the following requirements:

A. Credential Analysis. The analysis of an identity credential must use public or private data sources to confirm the genuineness of the identity credential presented by a remotely located individual and, at a minimum:

(1) use automated software processes to aid the notarial officer in verifying the identity of each remotely located individual;

(2) require the identity credential to pass an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified;

(3) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and

(4) enable the notarial officer to visually compare for consistency, the information and photograph on the identity credential and the remotely located individual appearing before the notarial officer in real time through communication technology.

B. Knowledge-based authentication. A knowledge-based authentication is successful if it meets the following requirements:

(1) the remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources;

(2) each question must have a minimum of five possible answer choices;

(3) at least eighty percent of the questions must be answered correctly;

(4) all questions must be answered within two minutes;

(5) if the remotely located individual fails after two attempts, the individual may not retake the quiz within 24 hours;

(6) during a retake of the quiz, a minimum of forty percent of the prior questions must be replaced; and

(7) the notarial officer must not be able to see or record the questions or answers.

C. Credible Witness. A notarial officer has satisfactory evidence of the identity of a remotely located individual if the notarial officer has personal knowledge and satisfactory evidence of the identity of the individual by oath or affirmation of a credible witness appearing before the notarial officer as provided in Paragraph (2) of Subsection B of Section 14-14A-6 NMSA 1978. A credible witness may be remotely located if the notarial officer, credible witness, and remotely located individual can communicate simultaneously by using communication technology.

N.M. Admin. Code § 12.9.4.11

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 1/1/2022