Nevada Administrative Code

NAC 240.264 Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed. (NRS 240.017) The following form must be used by the employer an applicant for appointment as a notary pu…

NAC 240.266 Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada. (NRS 240.017) The following form must be used by an applicant for appointment as a notary publ…

NAC 240.270 Courses of study for mandatory training of notaries public. (NRS 240.017, 240.018) 1. The Secretary of State will provide at least one course of study per month for the mandatory training of notaries public. 2. An applicant for appointment as a notary public who is re…

NAC 240.300 “Secure location” interpreted. (NRS 240.017) As used in NRS 240.040 and 240.120, the Secretary of State will interpret the term “secure location” to include, without limitation: 1. In the sole possession of the notary public to whom a stamp or journal belongs; or 2. A…

NAC 240.310 Circumstances in which Secretary of State will deem document requiring provision of information within blank spaces to be filled out completely. (NRS 240.017) 1. For the purposes of subsection 9 of NRS 240.075, the Secretary of State will deem a document that requires…

NAC 240.320 Possession of valid certificate of permission to perform marriages required to charge fee for performance of marriage ceremony; penalty for violation. (NRS 240.017) 1. A notary public may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony …

NAC 240.330 Use of “known personally” in journal of notarial acts as evidence of verification of identification. (NRS 240.017) A notary public may enter in his or her journal “known personally” as the description of the evidence used by the notary public to verify the identificat…

NAC 240.340 Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment. (NRS 240.017) 1. If a person is physically unable to sign a document that …

NAC 240.400 Scope and construction. (NRS 240.017, 240.206) NAC 240.400 to 240.540, inclusive: 1. Govern all practice and procedure before the Secretary of State for the revocation of a notary public commission as provided in NRS 240.150 or the revocation of a registration as an e…

NAC 240.410 Relief from regulations. (NRS 240.017) In special cases, where good cause appears, not contrary to law, the Secretary of State may permit deviation from NAC 240.400 to 240.540, inclusive, where compliance is found to be impractical and unnecessary. [Sec’y of State, Pr…

NAC 240.420 Communications with Secretary of State. (NRS 240.017) 1. All written communications and documents should be addressed to the Secretary of State and will be deemed to be officially received only when delivered at the Office of the Secretary of State. 2. The principal o…

NAC 240.430 Parties. (NRS 240.017) 1. Parties to proceedings before the Secretary of State under NAC 240.400 to 240.540, inclusive, consist of the staff of the Office of the Secretary of State and the notary public whose commission is subject to revocation, or his or her authoriz…

NAC 240.440 Filing and service. (NRS 240.017) 1. An original and two legible copies of all documents, motions or other papers must be filed with the Secretary of State. The Secretary of State will retain the original document, motion or other paper. If the Attorney General will b…

NAC 240.450 Briefs. (NRS 240.017) The Secretary of State may order briefs to be filed within such time as may be allowed by the Secretary of State and the brief must be accompanied by proof of service in accordance with subsection 3 of NAC 240.440. [Sec’y of State, Practice Reg. …

NAC 240.460 Show cause orders. (NRS 240.017) 1. Hearings will be held before the Secretary of State pursuant to a show cause order being issued to the notary public concerned by the Secretary of State. The Secretary of State may designate one of his or her deputies or another com…

NAC 240.470 Failure to appear. (NRS 240.017) 1. If a party fails to appear at a hearing scheduled by the Secretary of State in a show cause order and no continuance has been requested or granted, the Secretary of State may hear the evidence of such witnesses as may have appeared …

NAC 240.480 Appearance at hearing. (NRS 240.017) 1. At any hearing, all parties named are entitled to make an appearance, introduce evidence, examine and cross-examine witnesses, make arguments and participate in the conduct of the proceedings. 2. Parties shall enter their appear…

NAC 240.490 Withdrawal of attorney. (NRS 240.017) Any attorney of record wishing to withdraw from a proceeding before the Secretary of State shall, in writing, immediately notify the Secretary of State and the party he or she represented. [Sec’y of State, Practice Reg. 4 § 4.5, e…

NAC 240.500 Conduct at hearings. (NRS 240.017) 1. A person appearing in a proceeding shall conform to the recognized standards of ethical and courteous conduct. All parties to hearings, their counsel and spectators will conduct themselves in a respectful manner. 2. Smoking is not…

NAC 240.510 Hearings: Preliminary procedure; evidence. (NRS 240.017) 1. The Secretary of State will call the proceeding to order and proceed to take the appearances of the parties. The parties may then make opening statements if they desire. 2. All testimony to be considered by t…

NAC 240.520 Continuances. (NRS 240.017) The Secretary of State may prior to a hearing or during a hearing, and upon proper showing, grant continuances for submission of further or additional proof of any subject matter. [Sec’y of State, Practice Reg. 6 § 6.10, eff. 6-23-76] — (Su…

NAC 240.530 Decisions and orders. (NRS 240.017) 1. A decision or order which is adverse to a party in any hearing must be in writing or stated in the record, and must include findings of fact and conclusions of law, separately stated. 2. Orders or decisions must be rendered withi…

NAC 240.540 Transcripts of hearings. (NRS 240.017) The Secretary of State will cause a record to be made of all hearings, in accordance with NRS 233B.121. Parties desiring copies of transcripts may obtain them from the Office of the Secretary of State upon payment of the fees fix…

NAC 240.600 Definitions. (NRS 240.206) As used in NAC 240.600 to 240.735, inclusive, unless the context otherwise requires, the words and terms defined in NAC 240.610 to 240.635, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Sec’y of State by R…

NAC 240.610 “Credential” defined. (NRS 240.206) “Credential” has the meaning ascribed to it in NRS 240.1823 and includes, without limitation, a card or other document issued by a governmental entity as a means of identifying the principal that contains the photograph and signatur…

NAC 240.615 “Electronic notarial certificate” defined. (NRS 240.206) “Electronic notarial certificate” means the portion of an electronic document that: 1. Is completed by an electronic notary public; and 2. Bears the electronic signature and electronic seal of the electronic not…

NAC 240.617 “Electronic notarization solution” defined. (NRS 240.206) “Electronic notarization solution” means a set of applications, programs, hardware, software or technology designed to enable the performance of an electronic notarial act. (Added to NAC by Sec’y of State by R0…

NAC 240.624 “Identity proofing” defined. (NRS 240.206) “Identity proofing” means a process or service through which the identity of a principal is affirmed through a review of personal information from public or proprietary data sources. (Added to NAC by Sec’y of State by R065-19…

NAC 240.630 “Principal” defined. (NRS 240.206) “Principal” means the natural person for whom an electronic notarial act is performed. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019)

NAC 240.635 “Solution provider” defined. (NRS 240.206) “Solution provider” means a third-party vendor that provides an electronic notarization solution. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019)

NAC 240.645 Registration required; suspension or revocation of appointment of notary public for performing or offering to perform electronic notarial act without valid registration. (NRS 240.192, 240.206) 1. A person may not perform an electronic notarial act, including, without …

NAC 240.648 Additional information required for registration. (NRS 240.192, 240.206) In addition to the information required by NRS 240.192, a person registering as an electronic notary public must include with his or her registration: 1. The notary public commission number assig…

NAC 240.650 Course of study and payment of fee required for registration. (NRS 240.192, 240.206) A notary public seeking to register as an electronic notary public must successfully complete the required course of study on electronic notarization provided pursuant to NRS 240.195 …

NAC 240.654 Methods of payment of fee for registration; authority of Secretary of State to refuse or revoke registration if method of payment is dishonored or stopped; resubmission of registration after refusal or revocation. (NRS 240.192, 240.206) 1. A person registering as an e…

NAC 240.658 Approval of registration; authority of Secretary of State to refuse registration; effective date of registration. (NRS 240.192, 240.206) 1. If a person who is registering as an electronic notary public satisfies all of the requirements for such a registration pursuant…

NAC 240.660 Commission number assigned to notary public retained. (NRS 240.192, 240.206) A notary public who is registered by the Secretary of State as an electronic notary public retains the commission number assigned by the Secretary of State to the notary public. (Added to NAC…

NAC 240.665 Duties of electronic notary public. (NRS 240.206) An electronic notary public shall take reasonable steps to: 1. Ensure the integrity, security and authenticity of each electronic notarial act performed by the electronic notary public; 2. Maintain a secure backup of t…

NAC 240.668 Maintenance of record of electronic notarial act. (NRS 240.206) An electronic notary public shall maintain an accurate and reliable record of each electronic notarial act performed by the electronic notary public. (Added to NAC by Sec’y of State by R065-19, eff. 12-30…

NAC 240.670 Electronic notarial act using audio-visual communication: Confirmation of identity of principal. (NRS 240.206) 1. Before performing an electronic notarial act by means of audio-visual communication, an electronic notary public shall confirm the identity of the princip…

NAC 240.674 Electronic notarial act using audio-video communication: Performance of act for person physically located outside United States. (NRS 240.017, 240.206) For the purposes of NRS 240.1993, an electronic notarial act using audio-video communication is performed for a pers…

NAC 240.676 Electronic notarial act using audio-video communication: Agreement to performance of act by electronic notary public and principal. (NRS 240.017, 240.1991, 240.206) An electronic notary public may perform an electronic notarial act using audio-video communication only…

NAC 240.678 Electronic notarial act using audio-video communication: Identification of principal and electronic document. (NRS 240.017, 240.1991, 240.206) An electronic notary public who is performing an electronic notarial act using audio-video communication shall: 1. Identify t…

NAC 240.680 Electronic notarial act using audio-video communication: Requirement to restart performance of act under certain circumstances. (NRS 240.017, 240.1991, 240.206) 1. An electronic notary public who is performing an electronic notarial act using audio-video communication…

NAC 240.682 Electronic notarial act using audio-video communication: Duty of electronic notary public and solution provider to protect recording and identifying information from unauthorized access. (NRS 240.017, 240.1995, 240.206) An electronic notary public performing an electr…

NAC 240.684 Electronic notarial act using audio-video communication: Use of solution provider to store electronic journal and recording. (NRS 240.017, 240.1995, 240.201, 240.206) 1. An electronic notary public may use a solution provider to store the electronic journal of the ele…

NAC 240.686 Electronic notarial act using audio-video communication: Availability of recording to certain persons and entities. (NRS 240.017, 240.1995, 240.206) The recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication may…

NAC 240.689 Electronic notarial act using audio-video communication: Access to certain documents and information by employer and solution provider. (NRS 240.017, 240.1995, 240.206) For any authorized purpose and to ensure compliance with the provisions of this chapter and chapter…