Current through Reg. 49, No. 12; March 22, 2024
(a) Identity proofing and credential analysis
must be performed by a reputable third party who has provided evidence to the
online notary public of the ability to satisfy the requirements of this
chapter.
(b) Identity proofing is
performed through dynamic knowledge based authentication which meets the
following requirements:
(1) principal must
answer a quiz consisting of a minimum of five questions related to the
principal's personal history or identity, formulated from public and
proprietary data sources;
(2) each
question must have a minimum of five possible answer choices;
(3) at least 80% of the questions must be
answered correctly;
(4) all
questions must be answered within two minutes;
(5) if the principal fails their first
attempt, they may retake the quiz one time within 24 hours;
(6) during the retake, a minimum of 60% of
the prior questions must be replaced; and
(7) if the principal fails their second
attempt, they are not permitted to retry with the same online notary public for
24 hours.
(c) Credential
analysis is performed utilizing public and proprietary data sources to verify
the credential presented by the principal.
(d) Credential analysis shall, at a minimum:
(1) use automated software processes to aid
the online notary public in verifying the identity of a principal or any
credible witness;
(2) ensure that
the credential passes an authenticity test, consistent with sound commercial
practices that:
(A) Use appropriate
technologies to confirm the integrity of visual, physical or cryptographic
security features;
(B) Use
appropriate technologies to confirm that the credential is not fraudulent or
inappropriately modified;
(C) Use
information held or published by the issuing source or authoritative source(s),
as available, to confirm the validity of personal details and credential
details; and
(D) Provide output of
the authenticity test to the notary public.
(3) Enable the online notary public to
visually compare the following for consistency: the information and photo
presented on the credential itself and the principal as viewed by the online
notary public in real time through audio-visual transmission.
(e) If the principal must exit the
workflow, the principal must meet the criteria outlined in this section and
must restart the identity proofing and credential analysis from the
beginning.
