Cal. Code Regs. Tit. 11, § 999.168 - Substantive Modification(s) Application Procedure

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

(a) Following initial system certification, approval by the ERDS program of any Substantive Modification shall require completion of a modified system audit pertaining to only the components that are proposed to be modified and/or changed in the production environment. The modified system audit shall be completed by a Computer Security Auditor and submitted to the County Recorder. Within fifteen (15) business days of the provisional implementation, the County Recorder shall apply for approval of the substantive modification(s) in order for the ERDS Program to make a final approval determination status.

(b) A County Recorder applying for approval of a Substantive Modification other than adding a Sub-County to a Multi-County ERDS shall submit to the ERDS Program all of the following:

(1) A Request for Approval of Substantive Modification(s) form #ERDS 0013 (Rev. 08/2020), incorporated by reference herein, which shall be dated and signed with a declaration under penalty of perjury under the laws of the State of California that all information is true and correct.

(2) If using a Certified Vendor of ERDS Software and/or Developer, submit a copy of the proof of escrow letter of deposit.

(3) A copy of the Certified Vendor of ERDS Software contract, if any.

(4) A copy of the County's contract with a Computer Security Auditor.

(5) A copy of the report for the modified system audit report required by subdivision (a) of this section.

(c) A County Recorder applying for approval of a Substantive Modification to add a Sub-County to a Multi-County ERDS shall submit to the ERDS Program all of the following:

(1) A Request for Approval of Substantive Modification(s) form #ERDS 0013, 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.

(2) A copy of the resolution to participate in the Multi-County ERDS as approved by the Sub-County board of supervisors.

(3) A copy of the proof of escrow letter of deposit.

(4) 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 Vendor, it shall be stated in the County Resolution granting the establishment of an ERDS.

(5) A copy of the County's contract with a Computer Security Auditor.

(6) A copy of the report for the modified system audit report required by subdivision (a) of this section.

(7) All of the following documentation for the Sub-County:

(A) An Application for Sub-County System Certification form #ERDS 0001B.

(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, § 999.168

Note: Authority cited: Sections 27393, 27393(b)(6), 27394(a) and 27395(b), Government Code. Reference: Sections 27392(a), 27392(b), 27393(b)(2), 27393(b)(6), 27393(b)(10), 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 (a), (b)(1), (c)(1), (c)(7), and (c)(7)(C) 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 Request for Approval of Substantive Modification(s) form #ERDS 0013, Application for Sub-County System Certification form #ERDS 0001B and Statement of Understanding form #ERDS 0011 (incorporated by reference) and amending subsections (b)(1), (c)(1), (c)(7)(A) and (c)(7)(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.