New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 9 - NOTARIES PUBLIC
Part 4 - REMOTE ONLINE NOTARIZATION STANDARDS
Section 12.9.4.12 - COMMUNICATION TECHNOLOGY REQUIREMENTS

Universal Citation: 12 NM Admin Code 12.9.4.12

Current through Register Vol. 35, No. 18, September 24, 2024

A. Communication technology shall provide:

(1) for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notarial officer and the remotely located individual to see and speak with each other;

(2) a means for the notarial officer to reasonably confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature; and

(3) accessibility accommodations to facilitate communication with a remotely located individual who has a vision, hearing, or speech impairment.

B. Communication technology shall provide reasonable security measures to prevent unauthorized access to the live transmission of the audiovisual feeds, the methods used to perform the identity proofing process, and the electronic record that is the subject of the notarial act.

C. A notarial officer authorized to perform RONs shall stop and restart the remote online notarization process from the beginning if the:

(1) remotely located individual or the remote notarial officer must exit the remote online notarization system before completion of the notarial act;

(2) audio or visual feed is interrupted or terminated; or

(3) resolution or quality of the transmission becomes such that the remote notarial officer believes the process has been compromised and cannot be completed.

D. A notarial officer performing a RON shall verify that each remote online notarization system provider has an active status with the secretary of state before using that provider's remote online notarization system to perform a remote notarization. This duty extends to each remote online notarization.

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