Cal. Code Regs. Tit. 11, § 999.166 - Certification Application Procedure

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) A County Recorder may apply for the initial certification of an ERDS as either a Single-County or Multi-County ERDS and, when applicable, return function via an ERDS.
(b) An ERDS may not be implemented prior to receiving a System Certificate of Operation from the ERDS Program.
(1) A County Recorder applying for the initial certification of a Single-County ERDS shall submit to the ERDS Program all of the following:
(A) An Application for System Certification form #ERDS 0001A (Rev. 08/2020), incorporated by reference herein, to the ERDS Program, which shall be dated and signed with a declaration under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.
(B) A copy of the resolution to establish an ERDS as approved by its county board of supervisors. The resolution shall include, but not be limited to, designating the ERDS as Single-County or Multi-County, and, when applicable, the return function via an ERDS.
(C) A copy of the proof of escrow letter of deposit.
(D) A copy of the Certified Vendor of ERDS Software contract, if any. If internal county resources and/or another public entity are being used to develop an ERDS in lieu of a Certified Vendor of ERDS Software, that shall be stated in the county resolution approving establishment of the ERDS.
(E) A copy of its contract with a Computer Security Auditor.
(F) A copy of the successful initial system audit report conducted by a Computer Security Auditor.
(G) Proof of fingerprint submission for individuals designated as having a role that requires fingerprinting and a copy of the list of all users with Secure Access.
(H) A signed and dated Statement of Understanding form #ERDS 0011 (Rev. 08/2020), incorporated by reference herein, declaring under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.
(2) A County Recorder designated as the Lead County applying for the initial certification of a Multi-County ERDS shall submit to the ERDS Program all of the following:
(A) An Application for System Certification form #ERDS 0001A to the ERDS Program, which shall be dated and signed with a declaration under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.
(B) A copy of the resolution to establish a Multi-County ERDS as approved by the Lead County board of supervisors.
(C) A copy of the proof of escrow letter of deposit.
(D) A copy of the Certified Vendor of ERDS Software contract, if any. If internal county resources and/or another public entity are being used to develop an ERDS in lieu of a Certified Vendor of ERDS Software, that shall be stated in the county resolution approving the establishment of the ERDS.
(E) A copy of the Lead County contract with a Computer Security Auditor.
(F) A copy of the successful initial system audit report conducted by a Computer Security Auditor.
(G) Proof of fingerprint submission for individuals designated as having a role that requires fingerprinting and a copy of the list of all users with Secure Access.
(H) The documentation for each Sub-County that will participate in the ERDS listed in subdivision (b)(3) of this section as an attachment to the Application for System Certification form #ERDS 0001A.
(I) A signed and dated Statement of Understanding form #ERDS 0011 declaring under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.
(3) A Sub-County that will participate in a Multi-County ERDS for which initial certification is sought shall provide all of the following to the Lead County:
(A) An Application for Sub-County System Certification form #ERDS 0001B (Rev. 08/2020), incorporated by reference herein, to the Lead County, which shall be dated and signed with a declaration under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.
(B) A copy of the resolution to participate in a Multi-County ERDS as approved by the Sub-County board of supervisors.
(C) Proof of fingerprint submission for individuals designated as having a role that requires fingerprinting and a copy of the list of all users with Secure Access.
(D) A signed and dated Statement of Understanding form #ERDS 0011 declaring under penalty of perjury under the laws of the State of California that all information contained therein is true and correct.

Notes

Cal. Code Regs. Tit. 11, § 999.166

Note: Authority cited: Sections 27393, 27394(a) and 27395(b), Government Code. Reference: Sections 27390(b)(8), 27391(a), 27392, 27393(b)(2), 27394(a) and 27395(b), Government Code.

1. New section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Amendment of subsections (c)(1)(A), (c)(1)(H), (c)(2)(A), (c)(2)(I), (c)(3)(A) and (c)(3)(D) filed 8-11-2014; operative 10-1-2014 (Register 2014, No. 33).
3. Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No. 41).
4. Change without regulatory effect amending Application for System Certification form #ERDS 0001A, Statement of Understanding form #ERDS 0011 and Application for Sub-County System Certification form #ERDS 0001B (incorporated by reference) and amending subsections (b)(1)(A), (b)(1)(H), (b)(2)(A), (b)(2)(I), (b)(3)(A) and (b)(3)(D) filed 5-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 22). Filing deadline specified in section 100, title 1, California Code of Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

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