Current through Register 2021 Notice Reg. No. 52, December 24, 2021
(a) This Chapter shall
be known as Department of Justice (DOJ) regulations for Electronic Recording
Delivery System (ERDS) and is referred to as these regulations.
(b) These regulations establish guidelines,
procedures, and standards following the enactment of the Electronic Recording
Delivery Act (ERDA) of 2004, which authorizes a County Recorder, upon approval by
resolution of the Board of Supervisors and system certification by the ERDS Program,
to establish an ERDS for the delivery, and, when applicable, return of specified
digitized and digital electronic records, subject to specified conditions, including
system certification, regulation, and oversight by the ERDS Program.
(c) These regulations may not be construed to
administer the processes or procedures relating to the business of a County
(d) These regulations do not
address prevention for tampering or fraudulent documents prior to transmitting into
or after retrieving from an ERDS.
The Attorney General finds that this Chapter is consistent with the Electronic
Signatures in Global and National Commerce Act ( 15 U.S.C. Sections 7001
, et seq.,
and 47 U.S.C. Section 231
) as contemplated in Section 7002(a)(2)(A). As provided in
the Electronic Signatures in Global and National Commerce Act (E-SIGN), these
regulations do not require, or accord greater legal effect to, the implementation or
application of a specific technology or technical specification for performing the
functions of creating, storing, generating, receiving, communicating, or
authenticating electronic signatures. The performance standards specified in this
Chapter are to assure the accuracy, record integrity, and accessibility of records
delivered by a participating County Recorder via an ERDS.