Chapter 18 NCAC 07J

18 NCAC 07J .1426 fee remission log retention A platform provider shall maintain a copy of each fee remission log submitted to the Department for no less than five years. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134…

18 NCAC 07J .1427 additional platform disclosures Following the information required for the provider's webpage by Rule .0608 of this Subchapter, a platform shall: (1) publish the information required by Rule .1428 of this Section or a link to it; and (2) display the information …

18 NCAC 07J .1428 CONTENT OF ADDITIONAL PLATFORM DISCLOSURES A platform's additional disclosures pursuant to Rule .1427 of this Section shall include information regarding: (1) records retention: (a) whether the platform retains a copy of the notarized document upon conclusion of…

18 NCAC 07J .1429 platform disclosure format A platform provider shall present the additional disclosures required by Rule .1427 of this Section in tabular form in the order shown in the table in this Rule: (1) add horizontal rows to the table of service disruption response times…

SECTION .1500 – APPLICATION FOR PLATFORM LICENSURE 18 NCAC 07J .1501 PLATFORM LICENSURE REQUIREMENTS A platform provider applicant shall establish through its application and demonstration that its platform meets all requirements established in: (1) Article 2 of Chapter 10B of th…

18 NCAC 07J .1502 DURATION OF PLATFORM LICENSE A platform license from the Department authorizes the platform provider to offer its platform solution, directly or indirectly, to North Carolina notaries public for one year from the date of its approval. History Note: Authority G.S…

18 NCAC 07J .1503 APPLICATION FORM FOR PLATFORM LICENSE An applicant for a platform license shall complete and submit the form described in 18 NCAC 07B .0424. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134.21; 10B-134…

18 NCAC 07J .1504 IDENTIFICATION OF KEY INDIVIDUALS A platform provider applicant shall list key individuals in its application by reference to: (1) the applicant's organizational structure; and (2) the duties of its officers, directors, and employees. History Note: Authority G.S…

18 NCAC 07J .1505 APPLICATION REQUIREMENTS FOR PLATFORM KEY INDIVIDUALS A platform provider applicant shall provide to the Department the following information for each key individual identified pursuant to Rule .1504 of this Subchapter: (1) the information required by 18 NCAC 07…

18 NCAC 07J .1506 FREQUENCY OF CRIMINAL HISTORY RECORD CHECKS FOR KEY INDIVIDUALS Criminal history record checks for key individuals that are submitted by a platform provider applicant shall: (1) be valid for three years; or (2) be updated as required pursuant to 18 NCAC 07B .050…

18 NCAC 07J .1507 WHEN MORE FREQUENT CRIMINAL HISTORY RECORD CHECKS REQUIRED A platform's notice of changes pursuant to Item (2) of Rule .0203 of this Subchapter shall be made: (1) within the time set forth in Rule .0203 of this Subchapter; and (2) using the form specified in 18 …

SECTION .1600 – CREDENTIAL ANALYSIS STANDARDS 18 NCAC 07J .1601 SECTION DEFINITIONS For the purposes of the rules in this Section: (1) "Credential verification false negative rate" means the number of authentic credentials that fail the credential analysis trial process divided b…

18 NCAC 07J .1602 CREDENTIAL ANALYSIS SOLUTION – GENERAL A credential analysis solution provider shall conduct a trial of its credential analysis solution pursuant to Rule .1603 of this Section before submitting its application for authorization. History Note: Authority G.S. 10B-…

18 NCAC 07J .1603 CREDENTIAL ANALYSIS SOLUTION TRIAL PROCESS A credential analysis solution provider shall conduct, or have a third-party conduct, a trial of its solution by presenting the solution with no less than 100 subjects to be evaluated: (1) who are real individuals: (a) …

18 NCAC 07J .1604 EVALUATION OF CREDENTIAL ANALYSIS TRIAL The results of a credential analysis trial shall describe: (1) the overall success rate of the trial; (2) the credential analysis verification false positive rate; (3) the credential analysis verification false negative ra…

18 NCAC 07J .1605 FREQUENCY OF CREDENTIAL ANALYSIS SOLUTION TRIALS At least once every three years, a credential analysis solution provider shall: (1) conduct a trial of its approved solution to assess the reliability of the approved version of the credential analysis solution; (…

18 NCAC 07J .1606 CREDENTIAL ANALYSIS TEST A credential analysis solution shall test a credential presented by an individual pursuant to Rule .1607 of this Section. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134.21; 10B-134.23…

18 NCAC 07J .1607 CREDENTIAL ANALYSIS A credential analysis solution shall: (1) require the individual to: (a) describe the type of credential being presented; and (b) be in real-time, physical control of his or her credential at the time the credential is presented; (2) ensure t…

18 NCAC 07J .1608 CREDENTIAL ANALYSIS OUTCOME After the process described in Rule .1607 of this Section is concluded, the credential analysis solution shall provide the outcome of credential analysis testing: (1) of a principal, to a notary public prior to a notarial transaction;…

18 NCAC 07J .1609 NOTIFICATION OF IMAGE ALTERATION A credential analysis solution shall: (1) detect whether the image of a remotely located principal, whether on screen or as presented on the credential, appears to be: (a) altered; (b) unnatural; or (c) simulated; and (2) pursuan…

18 NCAC 07J .1610 VERIFICATION DATA CONFIDENTIAL The credential analysis solution shall keep confidential all information specific to the notary public or the principal that is acquired or used during the credential analysis process. History Note: Authority G.S. 10B-4; 10B-125(b)…

18 NCAC 07J .1611 DATA STORAGE PROHIBITED FOR CREDENTIAL ANALYSIS SOLUTION A credential analysis solution shall not store any data specific to the notary public or the principal that is acquired from the credential analysis process after the conclusion of the process. History Not…

18 NCAC 07J .1612 ADDITIONAL CREDENTIAL ANALYSIS DISCLOSURES Following the information required by Rule .0608 of this Subchapter, a credential analysis solution provider shall: (1) publish the information required by Rule .1613 of this Section or a link to it; and (2) display the…

18 NCAC 07J .1613 CONTENT OF ADDITIONAL CREDENTIAL ANALYSIS DISCLOSURES A credential analysis solution provider's additional disclosures pursuant to Rule .1612 of this Section shall include: (1) the results of the credential analysis solution trial required by Rule .1602 of this …

18 NCAC 07J .1614 credential analysis disclosure format A credential analysis solution provider shall: (1) present the additional disclosures required by Rule .1611 of this Section in tabular form in the order shown in the table in this Rule; (2) place the results described in Ru…

SECTION .1700 — APPLICATION FOR CREDENTIAL ANALYSIS AUTHORIZATION 18 NCAC 07J .1701 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE CREDENTIAL ANALYSIS SERVICES A credential analysis provider applicant shall meet requirements established in: (1) Article 2 of Chapter 10B of the General …

18 NCAC 07J .1702 DURATION OF CREDENTIAL ANALYSIS APPROVAL An approval from the Department of a credential analysis solution authorizes the credential analysis provider to directly or indirectly offer its credential analysis solution to North Carolina notaries public for three ye…

18 NCAC 07J .1703 APPLICATION FORM FOR CREDENTIAL ANALYSIS SERVICES A person applying for authorization of its credential analysis solution shall complete and submit the form described in 18 NCAC 07B .0425. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134…

SECTION .1800 – IDENTITY PROOFING STANDARDS 18 NCAC 07J .1801 SECTION DEFINITIONS For the purposes of the rules in this Section: (1) "Identity proofing false negative rate" means the total number of times authentic individuals fail the identity proofing process based on their own…

18 NCAC 07J .1802 IDENTITY PROOFING SOLUTION TRIAL – GENERAL An identity proofing solution provider shall conduct a trial of its identity proofing solution pursuant to Rules .1803 and .1804 of this Section before submitting its application for authorization. History Note: Authori…

18 NCAC 07J .1803 IDENTITY PROOFING SOLUTION TRIAL PROCESS An identity proofing solution provider shall conduct, or have a third-party conduct, a trial of its solution by presenting the solution with no less than 100 subjects to be evaluated: (1) who are real individuals: (a) who…

18 NCAC 07J .1804 EVALUATION OF IDENTITY PROOFING TRIAL The results of an identity proofing solution trial shall describe: (1) the overall success rate of the trial; (2) the identity proofing false positive rate; (3) the identity proofing false negative rate; and (4) the system e…

18 NCAC 07J .1805 FREQUENCY OF IDENTITY PROOFING SOLUTION TRIALS At least once every three years, an identity proofing solution provider shall: (1) conduct a trial of its approved solution to assess the reliability of the approved version of the identity proofing solution; (2) co…

18 NCAC 07J .1806 IDENTITY PROOFING TEST An identity proofing solution shall test the identity of individuals who present themselves to the solution pursuant to Rules .1807-.1809 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-13…

18 NCAC 07J .1807 IDENTITY PROOFING PROCESS USING KNOWLEDGE-BASED AUTHENTICATION An identity proofing solution using knowledge-based authentication to comply with G.S. 10B-134.11(a)(2)b shall: (1) require the remotely located individual to attempt an online quiz meeting the requi…

18 NCAC 07J .1808 RE-TAKING OF QUIZ BY INDIVIDUAL An identity proofing solution using knowledge-based authentication to comply with G.S. 10B-134.11(a)(2)b shall: (1) allow an individual who failed a first attempt to make a single subsequent attempt to pass the quiz if the attempt…

18 NCAC 07J .1809 NOTICE OF IDENTITY PROOFING METHODS AND OUTCOMES After one or more identity proofing tests are concluded, an identity proofing solution shall provide the methods and outcomes of all identity proofing tests: (1) for a principal, to the notary public performing th…

18 NCAC 07J .1810 VERIFICATION DATA CONFIDENTIAL The identity proofing solution shall keep confidential all information specific to the notary public or the principal that is acquired or used during the identity proofing process. History Note: Authority G.S. 10B-4; 10B-106; 10B-1…

18 NCAC 07J .1811 DATA STORAGE PROHIBITED FOR IDENTITY PROOFING SOLUTION An identity proofing solution shall not store any data specific to the notary public or the principal that is acquired from the identity proofing process after the conclusion of the process. History Note: Au…

18 NCAC 07J .1812 ADDITIONAL IDENTITY PROOFING DISCLOSURES Immediately after the information required by Rule .0608 of this Subchapter, an identity proofing solution provider shall: (1) publish the information required by Rule .1813 of this Section; and (2) display the informatio…

18 NCAC 07J .1813 CONTENT OF ADDITIONAL IDENTITY PROOFING DISCLOSURES An identity proofing solution provider's additional disclosures pursuant to Rule .1812 of this Section shall include: (1) the method of identity proofing used. Note: Examples of identity proofing methods may be…

18 NCAC 07J .1814 IDENTITY PROOFING DISCLOSURE FORMAT An identity proofing solution provider shall: (1) present the additional disclosures required by Rule .1813 of this Section in tabular form in the order shown in the table in this Rule; (2) place the results described in Rule …

SECTION .1900 – APPLICATION FOR IDENTITY PROOFING SOLUTION AUTHORIZATION 18 NCAC 07J .1901 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE IDENTITY PROOFING SERVICES An identity proofing provider applicant shall meet requirements established in: (1) Article 2 of Chapter 10B of the Gene…

18 NCAC 07J .1902 DURATION OF IDENTITY PROOFING APPROVAL An approval from the Department of an identity proofing solution authorizes the identity proofing provider to directly or indirectly offer its identity proofing solution to North Carolina notaries public for three years fro…

18 NCAC 07J .1903 APPLICATION FORM FOR IDENTITY PROOFING SERVICES An applicant for identity proofing services shall complete and submit the form described in 18 NCAC 07B .0426. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 1…

SECTION .2000 – CUSTODIAL SERVICES STANDARDS 18 NCAC 07J .2001 CUSTODIAN REQUIREMENTS The rules in this Section apply to third-party custodians and IPEN solutions and platforms that are or become custodians. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-13…

18 NCAC 07J .2002 receipt from custodian transferee A custodian transferee shall create a receipt and provide it to the transferor confirming that: (1) the custodian has received from the depository or custodian transferor: (a) one or more session records; and (b) a copy of the s…

18 NCAC 07J .2003 AUTHENTICITY OF CUSTODIAN RECORDS A custodian shall ensure each session record obtained from a transferring depository or custodian is stored unchanged upon receipt. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-13…

18 NCAC 07J .2004 NOTARY ACCESS TO SESSION RECORD FROM CUSTODIAN A custodian shall allow a notary public to view, copy, print, and download any of the notary's session records in its possession within 48 hours of a request by the notary at no cost. Note: This rule shall not apply…

18 NCAC 07J .2005 searchable session records The custodian shall ensure that a notary public's session records may be searched by any field described in Rule .1006 of this Subchapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-13…