Indiana § 33-42-16-2 Rulemaking

Indiana Statutes

§ 33-42-16-2 — Rulemaking

Indiana·Art. 42 NOTARIES PUBLIC·Ch. 16 Miscellaneous Provisions

(a)The secretary of state shall adopt rules under IC 4-22-2 to implement this article, including rules to do the following:

(1)Prescribe the process for conditioning, denying, granting, renewing, revoking, or suspending the following:

(A)A commission as a notary public.

(B)A remote notary public registration.

(2)Prescribe standards to ensure the trustworthiness of individuals applying for or in possession of the following:

(A)A commission as a notary public.

(B)A remote notary public registration.

(3)Establish processes for accepting and approving assurances.

(4)Prescribe the manner by which notarial acts are performed with respect to tangible records and electronic records.

(5)Ensure that a change to or tampering with a record bearing an electronic notarial certificate is self-e

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(a) The secretary of state shall adopt rules
under IC 4-22-2 to implement this article, including rules to do the
following:
(1) Prescribe the process for conditioning, denying, granting,
renewing, revoking, or suspending the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(2) Prescribe standards to ensure the trustworthiness of
individuals applying for or in possession of the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(3) Establish processes for accepting and approving assurances.
(4) Prescribe the manner by which notarial acts are performed
with respect to tangible records and electronic records.
(5) Ensure that a change to or tampering with a record bearing an
electronic notarial certificate is self-evident.
(6) Specify requirements to ensure the secure creation, storage,
transmission, and authentication of electronic records, electronic
seals, and electronic signatures.
(7) Establish standards for approval of the following for use in
Indiana:
(A) Audio visual communication technology.
(B) Identity proofing.
(C) Credential analysis.
(D) Dynamic knowledge based authentication.
(E) Biometrics.
(F) Other methods of identification.
(8) Establish standards related to electronic notarial certificates.
(b) When adopting, amending, or repealing rules governing
electronic records or remote notarial acts, the secretary of state shall
consider the following:
(1) Recent standards regarding electronic records issued by
national bodies, including the National Association of Secretaries
of State.
(2) The customs, practices, and standards of other jurisdictions.
(3) Actions of other governmental entities and officials.
(c) The administrative rules for remote notarial acts must be in
effect before the secretary of state approves vendors of technology
under IC 33-42-17-6.
(d) Remote notary public applications will not be accepted for
processing until the administrative rules are in effect and vendors of
technology are approved by the secretary of state.
(e) The secretary of state may amend rules adopted under this
section as determined necessary as a result of changes in electronic and
remote notarial act technology.