North Carolina Administrative Code

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…

18 NCAC 07J .2006 session record storage locations A custodian shall maintain copies of each session record and session record log in two or more geographically separated data facilities. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10…

18 NCAC 07J .2007 duration of storage for custodian Unless it transfers the session record to another custodian, a custodian shall not delete the record until a minimum of 10 years have elapsed since the last committed journal entry associated with that record, whether original o…

18 NCAC 07J .2008 TIME LIMIT FOR TRANSFER FROM CUSTODIAN A custodian shall transfer a session record and associated session record log to another custodian designated by a notary public no later than 10 days from the earlier of: (1) receipt of a written request from the notary pu…

18 NCAC 07J .2009 session record deletion by custodian upon transfer A custodian that transfers a session record to another custodian shall delete the record only after receiving confirmation from the transferee that the record has been: (1) accepted; and (2) verified as unmodifi…

18 NCAC 07J .2010 OPTIONAL EXTENDED RETENTION OF SESSION RECORDS A custodian may preserve a session record longer than the retention time established by the rules in this Subchapter if the electronic notary public: (1) authorizes the extended retention period in writing; and (2) …

18 ncac 07j .2011 session record marked for extended retention A custodian shall provide a means to designate session records that are subject to mandatory retention pursuant to Rule .2012 of this Section. History Note: Authority G.S. 10B-4; 10B-1. 06; 10B-125(b); 10B-126; 10B-13…

18 ncac 07j .2012 mandatory extended retention of session record upon notification A custodian shall retain a session record longer than the time period identified by Rule .2007 of this Section: (1) if directed by the Department to retain the records pursuant to an investigation …

18 ncac 07j .2013 deletion upon expiration of mandatory extended retention If a custodian is required to preserve a session record pursuant to Rule .2012 of this Section, the custodian shall not delete the record until: (1) the Department notifies the custodian that the investiga…

18 NCAC 07J .2014 DELETION OF SESSION RECORD ENTRY IN LOG A custodian shall enter in the associated session record log the date that a session record is deleted. 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-…

18 NCAC 07J .2015 session record log retention by custodian Each session record log shall be retained by the custodian for no less than 15 years from the date of the notarial session that the entry describes. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-1…

18 NCAC 07J .2016 transfer of depository session record log by custodian The depository session record log shall accompany each session record transferred by a transferor custodian to custodian transferee. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.…

18 NCAC 07J .2017 CUSTODIAN ENTRY IN DEPARTMENT'S DATABASE Upon validation pursuant to Rules .1012 and .2002 of this Subchapter, a custodian that is a transferee or a transferor shall update the Department's database with the following information: (1) the session identifier; (2)…

18 NCAC 07J .2018 NOTICE OF CESSATION OF CUSTODIAL SERVICES A custodian shall provide 60 days of notice to its subscribers and notary public account holders before it ceases to provide custodial services due to: (1) bankruptcy; (2) discontinuation of custodial services to North C…

18 NCAC 07J .2019 CUSTODIAN CONTINUITY OF SERVICES A custodian shall not discontinue its custodial services to North Carolina notaries public until all session records and associated session record log entries in its possession are transferred to the custodians designated by the …

18 ncac 07j .2020 additional custodian disclosures Immediately following the information required by Rule .0608 of this Subchapter, a custodial services provider shall: (1) publish on its website the information required by Rule .2021 of this Section; and (2) format the informati…

18 ncac 07j .2021 content of additional custodian disclosures A custodian's additional disclosure pursuant to Rule .2020 of this Section shall include information regarding: (1) projected time that the custodial services solution will be unavailable for use to the notary due to s…

18 ncac 07j .2022 custodian disclosure format A custodian shall: (1) present the additional disclosures required by Rule .2020 of this Section in tabular form in the order shown in the table in this Rule; (2) place the provider's responses described in Rule .2021 of this Section …

SECTION .2100 – APPLICATION FOR CUSTODIAL SERVICES AUTHORIZATION 18 NCAC 07J .2101 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE CUSTODIAL SERVICES A custodial services applicant shall meet the requirements established in: (1) Article 2 of Chapter 10B of the General Statutes; (2) the…

18 NCAC 07J .2102 DURATION OF CUSTODIAN APPROVAL A custodial services solution approval authorizes the custodian to directly or indirectly offer its custodial services solution to North Carolina notaries public for three years from the date of its approval. History Note: Authorit…

18 NCAC 07J .2103 APPLICATION FORM FOR CUSTODIAL SERVICES A person applying to provide custodial services shall complete and submit the form described in 18 NCAC 07B .0427. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-1…

SECTION .2200 – CUSTODIAL NOTARIES 18 NCAC 07J .2201 SCOPE The rules in this Section shall apply only to an electronic notary public who is approved as a custodial notary. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-13…

18 NCAC 07J .2202 CUSTODIAL NOTARY DEEMED APPROVED A notary public shall be deemed to have applied and been approved as that notary's own custodian if the notary: (1) complies with 18 NCAC 07H .0506; and (2) agrees in writing to comply with the rules of this Subchapter applicable…

18 NCAC 07J .2203 CUSTODIAL NOTARY AS CUSTODIAN AND TECHNOLOGY PROVIDER A custodial notary shall be deemed a custodian and technology provider and comply with Rule .2204 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B…

18 NCAC 07J .2204 RULES APPLICABLE TO CUSTODIAL NOTARIES A custodial notary shall comply with the following rules: (1) 18 NCAC 07H Section .0500; (2) Rules .0101, .0104, .0106-.0108, .0112, and .0115 of this Subchapter; (3) Rule .0208 of this Subchapter; (4) Rules .0611(1) and .0…

18 NCAC 07J .2205 CUSTODIAL NOTARY SESSION RECORD STORAGE LOCATIONS (a) A custodial notary shall maintain two copies of each session record that shall not be stored on the same device. (b) A custodial notary shall ensure that at least one of the two session record copies is maint…

18 NCAC 07J .2206 PROVIDING CUSTODIAL SERVICES AFTER ELECTRONIC NOTARY REGISTRATION TERMINATION An electronic notary public may continue serving as a custodial notary for session records in the notary's possession after the termination of the notary's electronic notary registrati…

18 NCAC 07J .2207 EFFECT OF DISCIPLINARY ACTION ON SERVICE AS CUSTODIAL NOTARY An electronic notary public shall not continue serving as a custodial notary if specifically prohibited by departmental disciplinary action. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B…

18 NCAC 07J .2208 LIMITATION ON CUSTODIAL NOTARY AFTER REGISTRATION EXPIRATION A former electronic notary public who is a custodial notary shall not take custody of additional session records after the electronic notary's registration ends. History Note: Authority G.S. 10B-4; 10B…

18 NCAC 07J .2209 CUSTODIAL NOTARY ANNUAL VERIFICATION FORM A custodial notary shall, using the form described in 18 NCAC 07B .0428, annually: (1) verify that the electronic notary has complied with all rules applicable to custodial notaries in this Section; and (2) provide infor…

18 NCAC 07J .2210 SUBMISSION OF ANNUAL VERIFICATION A custodial notary shall submit the form described in 18 NCAC 07B .0428 on or before December 31st of each year. 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; 1…

18 NCAC 07J .2211 FINAL CUSTODIAL NOTARY VERIFICATION FORM An electronic notary public's obligations as a custodial notary cease when the electronic notary submits the form described in 18 NCAC 07B .0428 confirming that: (1) the required retention period for all session records i…

SUBCHAPTER 07K – MISCELLANEOUS RULES SECTION .0100 – GENERAL 18 NCAC 07K .0101 DEFINITIONS History Note: Authority G.S. 10B-4; 10B-14; 10B-36; 10B-38; 10B-106; 10B-125; 10B-126; 10B-134.15; 10B-134.19; 10B-134.21; Eff. July 1, 2024; Transferred to 18 NCAC 07B .0102 Eff. July 1, 2…