Idaho Administrative Code
Title IDAPA 34 - Secretary of State
Rule 34.06.01 - RULES GOVERNING THE ELECTRONIC RECORDING OF REAL PROPERTY
Section 34.06.01.107 - AGREEMENT AND PROCEDURES

Universal Citation: ID Admin Code 34.06.01.107

Current through August 31, 2023

01. Participation Agreement. The Delivery Agent and the Participating Recorder shall enter into an agreement specifying the requirements for Electronic Document recording with the county. At a minimum, the agreement shall address the following items: (3-31-22)

a. Accepted Electronic Recording models; (3-31-22)

b. Accepted Electronic Document types; (3-31-22)

c. Defined technical specifications for data formats, document formats, electronic transmissions and security; (3-31-22)

d. If used by the Participating Recorder, indexing fields required for each Electronic Document; (3-31-22)

e. Electronic Signature and notarization requirements; (3-31-22)

f. Payment options for recording fees and applicable taxes; (3-31-22)

g. Hours during which Electronic Documents will be accepted and processing schedules that affect order of acceptance; (3-31-22)

h. Electronic Document acceptance and rejection requirements and procedures; (3-31-22)

i. Responsibility of the Delivery Agent to review the qualifications of each potential Submitter and to approve the potential Submitter prior to granting access to the Electronic Document Delivery System; and (3-31-22)

j. Responsibility of the Delivery. Agent to enter into an agreement with each approved Submitter, in which the Submitter agrees to submit Electronic Documents for recording in accordance with all applicable state statutes and rules and to maintain the security of the systems within the Submitter's offices. (3-31-22)

02. Other Procedures and Requirements. A Participating Recorder may include in the agreement other procedures and requirements needed in order to implement fully an Electronic Recording program. (3-31-22)

03. Establishment and Posting of Procedures. A Participating Recorder shall establish procedures for Electronic Recording in the municipality and shall post the procedures in the recorder's office, on the municipality's Internet website, if available, and through the Electronic Document Delivery System, and shall make a copy of the procedures available on request. The procedures shall cover, at a minimum, the items listed above in this subsection. (3-31-22)

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