North Carolina Administrative Code

18 NCAC 07B .0307 NOTICE OF ATTACHMENT A filer shall: (1) make a note at the location of a question or request for information that an attachment has been added in order to fully respond. Note: An example is "See Attachment 1"; and (2) identify on the attachment to which question…

18 NCAC 07B .0308 SIGNATURE FOR ENTITY (a) If an individual is signing a form or other filing for a technology provider or other business entity: (1) the signer shall be duly authorized by law or the entity to sign; and (2) the signer shall state the signer's title, position, and…

18 NCAC 07B .0309 FORM PREPARER SIGNATURE REQUIRED A form preparer signing for a technology provider or other business entity shall: (1) sign in the space provided for a preparer's signature on a form; or (2) document and note "form preparer" next to the signature in the space pr…

18 NCAC 07B .0310 INComplete filings The Department shall consider a filing incomplete for: (1) failure to provide information required pursuant to Chapter 10B of the General Statutes or the rules in this Chapter; (2) failure to tender any fee required by Chapter 10B of the Gener…

18 NCAC 07B .0311 REJECTION OF INCOMPLETE FILINGS The Department shall reject a filing if it is incomplete and not remedied by the filer within the time specified by the Department. History Note: Authority G.S. 10B-4; 10B-134.19; Eff. July 1, 2024.

18 NCAC 07B .0312 FILING DATE OF DOCUMENT A form or document is deemed filed on the day that it is deemed complete and shall not relate back to the date the filing was received. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.

18 NCAC 07B .0313 EXTENSION REQUEST TO DEPARTMENT (a) A person responding to a departmental information request may submit a request for an extension of time to respond to a Department request pursuant to Rule .0305 of this Section. (b) A request pursuant to Paragraph (a) of this…

18 NCAC 07B .0314 DEPARTMENT RESPONSE TO EXTENSION REQUEST When deciding whether to grant an extension request, the Department shall consider the factors listed in Rule .0108 of this Subchapter. History Note: Authority G.S. 10B-4; 10B-134.21; Eff. July 1, 2025.

SECTION .0400 – FORMS 18 NCAC 07B .0401 GENERAL All forms issued pursuant to Chapter 10B of the General Statutes may be found on the Department's website or, where not available through the website, may be obtained by contacting the Department using one of the means set out in Se…

18 NCAC 07B .0402 CONTACT INFORMATION For purposes of the rules in this Section, unless otherwise indicated, "contact information" means: (1) for a key individual who is identified pursuant to G.S. 10B-134.19(c)(2) by a platform, by an IPEN, or for key individuals operating a sol…

18 NCAC 07B .0403 CERTIFICATE OF APPOINTMENT FORM The certificate of appointment form includes: (1) space for the entry by the Register of Deeds in the county of the commission to enter: (a) the name of the individual administering the oath; (b) the title of the individual admini…

18 NCAC 07B .0404 Electronic notary public registration form An electronic notary public applicant registration form includes: (1) the name on the applicant's commission; (2) the applicant's commission number; (3) whether the applicant has any changes to report under G.S. 10B-50,…

18 NCAC 07B .0405 FORM NOTIFYING DEPARTMENT OF SELECTION OF TECHNOLOGY PROVIDERS BY NOTARY PUBLIC The form notifying the Department of the selection of technology providers by a notary public includes: (1) the name on the notary's commission; (2) the notary's commission number; (…

18 NCAC 07B .0406 NOTICE to department OF CHANGE by electronic notary IN TECHNOLOGY PROVIDER The notice to the Department of change by an electronic notary in technology provider form includes: (1) the name of the technology provider that the electronic notary previously notified…

18 NCAC 07B .0407 initial application for notary commission form The initial application for notary commission form requires: (1) the information required by G.S. 10B-5, 10B-6, and 10B-7; (2) from the commission applicant: (a) whether the applicant is a licensed member of the Nor…

18 NCAC 07B .0408 AFFIDAVIT OF MORAL CHARACTER The affidavit of moral character form requires: (1) the applicant's name for use on a notary public commission, the full legal name of the key individual, or the full legal name of the individual about whom the affidavit is prepared,…

18 NCAC 07B .0409 APPLICATION FOR RECOMMISSIONING AS NOTARY PUBLIC The form for application for recommissioning as a notary public before expiration of a commission or within 12 months of commission expiration requires: (1) information regarding the applicant's current or, if exp…

18 NCAC 07B .0410 NOTICE OF changes REQUIRED BY 18 ncac 07d .0301 The form for notice of change in the information required by 18 NCAC 07D .0301 shall include: (1) the notary public's commission name and county of commission; (2) the notary's commission number; (3) contact inform…

18 NCAC 07B .0411 NOTICE OF CHANGES REGARDING CRIMINAL HISTORY RECORD The form for notice of changes in criminal history record requires: (1) the name of the individual; (2) if a commissioned notary public, the notary's commission number; (3) the last four digits of the individua…

18 NCAC 07B .0412 NOTICE OF CHANGES REGARDING PROFESSIONAL LICENSES, NOTARY COMMISSIONS, OR PUBLIC OFFICES The form for notice of changes regarding professional licenses, notary commissions, or public offices requires: (1) the name of the individual; (2) if a commissioned notary …

18 NCAC 07B .0413 NOTICE OF CHANGES REGARDING FINDINGS OR ADMISSIONS OF DECEIT, OFFICIAL MISCONDUCT, FALSE OR MISLEADING ADVERTISING, OR UNAUTHORIZED PRACTICE OF LAW The form for notice of changes regarding findings or admissions of deceit, official misconduct, false or misleadin…

18 NCAC 07B .0414 APPLICATION FOR CERTIFICATION AS NOTARY INSTRUCTOR The application for certification as a notary instructor form requires: (1) the information required by Rule .0407(1)–(2)(f) of this Section; (2) whether the applicant is currently employed as: (a) a register of…

18 NCAC 07B .0415 RECOMMENDATION OF NOTARY INSTRUCTOR APPLICANT The recommendation of notary instructor applicant form requires: (1) the instructor applicant's commission name; (2) the name and contact information for the individual completing the form; (3) the individual's basis…

18 NCAC 07B .0416 EMPLOYER AFFIDAVIT REGARDING INSTRUCTOR APPLICANT ACTIVE EXPERIENCE FORM The form for the employer affidavit regarding active experience requires: (1) the name of the person employing the applicant; (2) information about the affiant, consisting of the following:…

18 NCAC 07B .0417 STUDENT EVALUATION OF NOTARY INSTRUCTOR FORM The student evaluation of notary instructor form requests the following information from a student: (1) the name of the instructor; (2) the date of the course; (3) the name of the institution; (4) rating of the instru…

18 NCAC 07B .0418 APPLICATION FOR RECERTIFICATION AS NOTARY INSTRUCTOR The notary instructor application for recertification form requires: (1) the information specified in Rule .0414 of this Section; (2) verification that the applicant has taught the notary instructor course at …

18 NCAC 07B .0419 RESERVED FOR FUTURE CODIFICATION

18 NCAC 07B .0420 NOTARY FORM TO REPORT TECHNOLOGY DYSFUNCTIONS The form notaries public and electronic notaries public use to report technology dysfunctions pursuant to 18 NCAC 07D .0309 requires: (1) the notary's commission name; (2) the name of the technology provider with whi…

18 NCAC 07B .0421 STAND-ALONE NOTARIAL CERTIFICATE If the notarial certificate selected by the principal is on a page separate from the document being notarized, then the notary public shall include on or near the notarial certificate the following descriptive language: (1) the t…

18 NCAC 07B .0422 APPLICATION FOR TECHNOLOGY PROVIDER AUTHORIZATION – GENERAL Technology provider application forms shall require: (1) the type or types of authorization to which the application applies: (a) IPEN; (b) platform; (c) credential analysis; (d) identity proofing; or (…

18 NCAC 07B .0423 APPLICATION FOR IPEN AUTHORIZATION The form used to apply for authorization as an IPEN technology provider requires: (1) the information required by Rule .0422 of this Section; (2) for each of the technology provider's key individuals: (a) the information requir…

18 NCAC 07B .0424 APPLICATION FOR PLATFORM LICENSE The form used to apply for authorization as a licensed platform requires: (1) the information required by Rule .0422 of this Section; (2) for each of the technology provider's key individuals: (a) the information required by 18 N…

18 NCAC 07B .0425 APPLICATION FOR CREDENTIAL ANALYSIS AUTHORIZATION The form used to apply for authorization as an approved credential analysis provider requires: (1) the information required by Rule .0422 of this Section; and (2) the information required by 18 NCAC 07J .1701. Hi…

18 NCAC 07B .0426 APPLICATION FOR IDENTITY PROOFING AUTHORIZATION The form used to apply for authorization as an approved identity proofing provider requires: (1) the information required by Rule .0422 of this Section; and (2) the information required by 18 NCAC 07J .1901. Histor…

18 NCAC 07B .0427 APPLICATION FOR CUSTODIAN AUTHORIZATION The form used to apply for authorization as an approved custodian requires: (1) the information required by Rule .0422 of this Section; and (2) the information required by 18 NCAC 07J .2101. History Note: Authority G.S. 10…

18 NCAC 07B .0428 CUSTODIAL NOTARY ANNUAL REPORT FORM The form for annual reports by custodial notaries public requires: (1) the commission name and number of the custodial notary; (2) the calendar year covered by the annual report; (3) the information required by 18 NCAC 07D .03…

18 NCAC 07B .0429 TECHNOLOGY PROVIDERS OTHER THAN PLATFORMS VERIFYING CONTINUING COMPLIANCE The form for technology providers other than platforms verifying their continuing compliance requires: (1) the name of the technology provider; (2) the electronic notary solution for which…

18 NCAC 07B .0430 physical SEAL MANUFACTURER OR VENDOR REGISTRATION WITH DEPARTMENT FORM The form used by a manufacturer or vendor of physical notary seals to register with the Department requires: (1) the information required by Rule .0402 of this Section, except that the reside…

18 NCAC 07B .0431 FORM FOR NOTARY REPORTABLE INCIDENTS The form for a notary public notifying the Department of reportable incidents pursuant to 18 NCAC 07D .0310 requires: (1) the notary's commission name and commission number; (2) how the notary discovered the reportable incide…

SECTION .0500 – CRIMINAL RECORDS 18 NCAC 07B .0501 CRIMES For purposes of applications and discipline under Chapter 10B of the General Statutes and the rules in this Chapter, each of the following offenses shall be classified as a crime involving "moral turpitude" as defined in G…

18 NCAC 07B .0502 ADDITIONAL REQUIREMENTS FOR AN INDIVIDUAL LISTING CONVICTIONS An individual required to provide a criminal history record pursuant to Chapter 10B of the General Statutes and the rules in this Chapter shall include: (1) a complete listing of felony convictions of…

18 NCAC 07B .0503 EXPLANATION OF CONVICTIONS An individual who submits a criminal history record shall include an explanation for each criminal conviction with: (1) the individual's signature and the date on which the individual signed the explanation; (2) for each felony convict…

18 NCAC 07B .0504 ADDITIONAL DOCUMENTATION FOR CONVICTIONS For an individual listing a criminal conviction, an affidavit of moral character shall be: (1) completed by three individuals, none of whom is a family member, using the form specified in Rule .0408 of this Subchapter; an…

18 NCAC 07B .0505 REQUIREMENTS FOR INDIVIDUAL WITH PENDING CRIMINAL CHARGES An individual required to provide a criminal history record who has a pending criminal charge in a court shall, for each pending criminal charge: (1) notify the Department: (a) at the time of application …

18 NCAC 07B .0506 NOTICE TO DEPARTMENT OF DISPOSITION OF PENDING CHARGE An individual required to provide the Department with information regarding a pending charge pursuant to Rule .0505 of this Section shall: (1) notify the Department within 45 calendar days of the final dispos…

SECTION .0600 – DENIALS, DISCIPLINE, AND ENFORCEMENT 18 ncac 07B .0601 factors for disciplinary actions When determining whether and what disciplinary action to take, the Department shall consider: (1) the qualifications of the person; (2) the nature, number, timing, and severity…

18 NCAC 07B .0602 DENIALS (a) The Department shall deny an application in which an applicant willfully and knowingly provided false information about: (1) a criminal history record; or (2) a record of official findings of liability related to the applicant's deceit, dishonesty, o…

18 NCAC 07B .0603 LEVELS OF ENFORCEMENT Upon consideration of the evidence before it, the purposes and requirements of Chapter 10B of the General Statutes, and the rules in this Chapter, the Department may: (1) upon a finding of a violation of Chapter 10B of the General Statutes …

18 NCAC 07B .0604 LETTER OF CAUTION The Department may issue a letter of caution to a person for a violation of the requirements of Chapter 10B of the General Statutes or the rules in this Chapter in circumstances that do not merit disciplinary action. History Note: Authority G.S…

18 NCAC 07B .0605 WARNING The Department may issue a warning to a person for a violation of Chapter 10B of the General Statutes or the rules in this Chapter. History Note: Authority G.S. 10B-4; 10B-14(f); 10B-60; 10B-126; 10B-134.19; 10B-134.21; Eff. April 1, 2007; Pursuant to G.…