Current through Register Vol. 63, No. 12, December 1, 2024
(1) The requirement
for at least two different types of identity proofing under ORS
194.240 is satisfied if the notary public identifies a remotely located individual in
accordance with the requirements of this section.
(2) Credential analysis must be provided by a
reputable third-party remote online notarization vendor or software tool that
can demonstrate proven credential analysis processes and shall employ
technology that provides the following:
(a)
The signer's identity must be linked to the signer following successful
knowledge-based authentication; and
(b) Remote online notarization shall provide
for human visual comparison between the signer and the signer's identification
presented to the notary.
(3) Remote online notarization providers
shall use an automated software process to aid the notary in verifying each
signer's identity.
(a) The identification
shall pass an authenticity test that:
(A) Uses
appropriate technologies to confirm the integrity of visual, physical or
cryptographic security features;
(B) Uses appropriate technologies to confirm
that the identification is not fraudulent or inappropriately
modified;
(C) Uses information held
or published by the issuing source or authoritative source, as available, to
confirm the validity of the identification details; and,
(D) Provides the result of the authenticity
test to the notary.
(b)
The credential analysis procedure shall enable the notary to visually compare
the following for consistency:
(A) The
information and photo on the identification image presented; and
(B) The signer as viewed by the notary in
real time through the audio/video system.
(c) If the notary public is unable to
validate the identification of the signer, or to match the signer's physical
features with the credential, the notary public shall not complete the notarial
act.
(d) The identification shall
meet the requirements of ORS
194.240
(e) All identification images necessary to
perform visual inspection and credential analysis shall be captured and the
notary shall confirm that:
(A) The signer is
in possession of the identification at the time of the notarial act;
(B) The identification images submitted for
credential analysis have not been manipulated; and
(C) The identification images match the
identification in the signer's possession.
(f) The following general principles shall be
considered in the context of image resolution:
(A) Image resolution shall be sufficient for
the issuing source or authoritative source to perform credential analysis per
the requirements above; and
(B)
Image resolution shall be sufficient to enable visual inspection by the notary,
including legible text and clarity of photographs, barcodes, and other
identification features; and
(4) Knowledge-based authentication procedure
must meet the following requirements:
(a) Each
signer must answer questions and achieve a passing score. The procedure must
include:
(A) Five multiple choice questions,
drawn from public or private data sources.
(B) A minimum of five possible answer choices
per question.
(C) Require that 80%
of the questions are correctly answered within two minutes by the
signer.
(b) Each signer
is to be provided a reasonable number of attempts per signing session.
(A) If a signer fails their first quiz, they
may attempt up to two additional quizzes within 48 hours from the first
failure.
(B) During any quiz
retake, a minimum of 40% (2) of the prior questions shall be
replaced.
(c) If
biometric sensing technologies are used for remote online notarization in the
areas of authentication, credential analysis, and identity proofing
verification may include facial, voice, and fingerprint recognition.
(5) If a signer exits the notarial
act during the notarial act, they shall restart the credential analysis and
knowledge-based authentication workflow from the beginning.
Statutory/Other Authority: ORS
194.360
Statutes/Other Implemented: HB 4212
(2020)