1.Rules. The Secretary of State may adopt rules to implement this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may: A. Prescribe the manner of performing notarial acts regarding tangible and electronic records; [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]B. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]C. Include provisions to ensure integrity in the creation, transmittal, storage and authentication of electronic records or signatures; [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]D. Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a notary public commission; [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]E. Include provisions to prevent fraud or mistake in the performance of notarial acts; and [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]F. Provide for the administration of the examination under section 1923, subsection 1 and the course of study under section 1923, subsection 2. [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).] [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]
2.Rulemaking considerations. In adopting, amending or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this chapter: A. The most recent standards regarding electronic records promulgated by national bodies, such as a national association of secretaries of state; [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]B. Standards, practices and customs of other jurisdictions that enact provisions substantially similar to this chapter; and [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]C. The views of governmental officials and entities and other interested persons. [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).] [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]
3.Routine technical rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2021, c. 651, Pt. A, §4(NEW); 2021, c. 651, Pt. A, §8(AFF).]
Added by 2022, c. 651,§ A-4, eff. 7/1/2023.