1-5-628. Rulemaking. (1) The secretary of state may adopt rules to implement this part.
(2) Rules adopted regarding the performance of notarial acts with respect to electronic records or two-way audio-video communications may not require or accord legal status or effect to the implementation or application of a specific technology or technical specification.
(3) The rules may:
(a) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(b) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(d) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and ensuring the trustworthiness of an individual holding a commission as notary public;
(e) include provisions to prevent fraud or mistake in the performance of notarial acts;
(f) establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619; and
(g) provide for the administration of the examination under 1-5-620(1) and the course of study under 1-5-620(2).
(4) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, consistent with this part:
(a) the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(b) the standards, practices, and customs of other jurisdictions that substantially implement the provisions of this part; and
(c) the views of governmental officials and entities as well as other interested persons.
History: En. Sec. 25, Ch. 391, L. 2015.