North Carolina Administrative Code

18 NCAC 07J .1408 NOTICE OF IMAGE OR VOICE ALTERATION A platform shall notify the notary if it detects that the image or voice of a remotely located principal appears to be altered, unnatural, or simulated. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126; 10B-134.15; 10B-…

18 NCAC 07J .1409 PERSONAL KNOWLEDGE A platform shall provide a means to bypass credential analysis and identity proofing functions if the traditional notary public or electronic notary public confirms that the principal is personally known to the notary. History Note: Authority …

18 NCAC 07J .1410 PLATFORM ACCOUNT CREATION FOR ELECTRONIC NOTARY A platform provider shall create an account for an electronic notary public only after it: (1) confirms the electronic notary's identity by using approved credential analysis and identity proofing solutions; (2) re…

18 NCAC 07J .1411 PLATFORM ACCOUNT CREATION FOR TRADITIONAL NOTARY A platform provider shall create an account for a traditional notary public only after it: (1) confirms the notary's identity by using approved credential analysis and identity proofing solutions; (2) receives the…

18 NCAC 07J .1412 CHANGES TO COMMISSION OR REGISTRATION CERTIFICATE PRESENTED TO PLATFORM Upon receiving a commission certificate or electronic notary registration certificate that differs from that previously presented by a traditional notary public or an electronic notary publi…

18 NCAC 07J .1413 VERIFICATION OF NOTARY STATUS When a traditional notary public or an electronic notary public initiates a notarial session, a platform shall use the Department's notary public database to verify whether: (1) the notary public is in active status; and (2) if the …

18 ncac 07j .1414 inability to verify electronic notary status If a platform cannot verify that an electronic notary public is in active status as an electronic notary, the platform shall not allow the electronic notary to perform any remote electronic notarial acts other than oa…

18 ncac 07j .1415 platform access for notary not in active status If, pursuant to Rule .1413 of this Section, a platform provider is unable to determine that a notary public is in active status, the platform: (1) shall not allow the notary to administer oaths or affirmations purs…

18 NCAC 07J .1416 VERIFICATION PRIOR TO REMOTELY ADMINISTERING JUDICIAL OATHS AND AFFIRMATIONS After verifying the status of a notary public, a platform shall allow a traditional notary in active status or an electronic notary whose registration is not active but whose notary com…

18 NCAC 07J .1417 WHEN PROVIDER MAY RE-ENABLE FUNCTIONS A platform provider may restore a notary's or electronic notary's privileges at any time after verifying through the Department's notary database that the notary or electronic notary is in active status. History Note: Author…

18 Ncac 07j .1418 format of session record A platform shall render a session record tamper evident by: (1) preserving it in PDF/A format; and (2) signing the PDF/A with a verifiable digital certificate to indicate the platform from which the notarized electronic record originated…

18 ncac 07j .1419 notary count of notarial acts A platform shall require the notary public to enter the number of oaths or affirmations administered without a principal's signature. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.…

18 NCAC 07J .1420 FIELD FOR COUNT OF OATHS OR AFFIRMATIONS WITHOUT PRINCIPAL SIGNATURES A platform shall design its system to provide a field for a notary public to enter the count of oaths or affirmations administered to principals without principal signatures. History Note: Aut…

18 NCAC 07J .1421 PLATFORM PROVIDER CALCULATION OF MONTHLY fee REMISSION OWED TO THE DEPARTMENT When a platform calculates the total amount of monthly fees owed to the Department, the platform shall multiply the five dollar ($5.00) fee per notarial act by the count of notarial ac…

18 NCAC 07J .1422 PLATFORM FEES INDEPENDENT OF NOTARY FEES PAID BY PRINCIPALS A platform shall not deduct the five dollar ($5.00) fee owed to the Department from the fee paid by principals to notaries public for any notarial act pursuant to G.S. 10B-31. History Note: Authority G.…

18 NCAC 07J .1423 TIMING OF MONTHLY FEE REMISSION A platform provider shall make the remittance pursuant to G.S. 10B-134.19(g) no later than 30 days after the calendar month for which fees shall be remitted. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-13…

18 ncac 07J .1424 fee remission log A platform provider shall submit a fee remission log to the Department summarizing its monthly fee remission. 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-134.23; Eff. Jul…

18 NCAC 07J .1425 FEE REMISSION LOG CONTENTS A platform's fee remission log shall include: (1) for each session record: (a) the session record identifier; (b) each journal entry identifier; (c) whether the notarial acts were completed; (d) whether the session record identifier ap…

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…