Current through Register Vol. 35, No. 18, September 24, 2024
A. Application. A provider must submit an
application on a form prescribed by the secretary of state before the provider
can provide its remote online notarization system to a notarial officer in New
Mexico. Upon being approved as a provider, the secretary of state shall list
the provider as active on the website of the secretary of state.
B. Criteria for approval. To be approved and
maintain an active status, a remote online notarization system provider shall:
(1) provide the ability for an individual
receiving notarization services to print tangible copies of all records
notarized for that individual executed on the system;
(2) ensure that access to a notarial
officer's electronic signature and official stamp is limited solely to the
notarial officer and protected by the use of a password or other secure means
of authentication;
(3)
communication technology provided by the remote notarization system provider
shall comply with the requirements of Section 12.9.4.12 NMAC;
(4) provide for the credential analysis and
knowledge-based authentication assessment requirements provided for in Section
12.9.4.11 NMAC;
(5) provide, or
allow a notarial officer to provide, a public key certificate to satisfy the
requirement of Paragraph 2 of Subsection B of Section 12.9.4.13 NMAC;
and
(6) provide a storage system
that complies with 12.9.4.14 NMAC.
C. The secretary of state may request that
remote online notarization system providers submit an application on an annual
basis for a remote online notarization system provider to maintain active
status.
D. Notifications.
(1) If a remote online notarization system
provider becomes aware of a security breach involving its data, the provider
must comply with the requirements of the Data Breach Notification Act, Sections
57-12C-1 to
57-12C-12 NMSA 1978, and submit
notice to the secretary of state.
(2) No later than 30 days before making any
substantial changes or feature enhancements to the remote online notarization
system that was previously approved by the secretary of state, a provider must
request approval from the secretary of state and notify the New Mexico notarial
officers using its system.
(3) No
later than 30 days after any changes to the provider's information on file with
the secretary of state, the provider must notify and update the information on
a form prescribed by the secretary of state.
E. Complaints. A person may file a complaint
with the secretary of state against a remote online notarization system
provider. The complaint must allege a specific violation of New Mexico's
Revised Uniform Law on Notarial Acts or these rules.
F. Grounds for termination of active status.
The secretary of state may terminate approval of a provider for any of the
following reasons:
(1) a violation of the
Revised Uniform Law on Notarial Act or these rules that impacts the ability of
the remote online notarization provider from providing a compliant remote
online notarization system;
(2)
making representations that the secretary of state endorses, recommends, or
mandates use of any of the provider's products, goods, or services;
(3) if the provider sustains a security
breach pursuant to Subsection D of Section
57-12C-2 NMSA 1978; and
(4) failure to respond within ten business
days to the secretary of state's request for information or otherwise cooperate
with an investigation, including providing requested information.
