433 Neb. Admin. Code, ch. 8, § 010 - CRITERIA AND STANDARDS FOR APPROVAL OF ONLINE NOTARY SOLUTION PROVIDERS

010.01 Each applying and each Approved Online Notary Solution Provider shall:

010.01(A) Provide a free and readily available viewer/reader so as to enable all parties relyiing on the online notarized record or document to view the electronic signature and the online notary seal without incurring any cost.

010.01(B) Comply with the laws, policies, and rules that govern Nebraska Notaries Public and online notaries public;

010.01(C) Provide an Online Notarization System that complies with the technical specifications of the rules and standards that govern online notarization processes and procedures in Nebraska, including the minimum requirements for credential analysis, identity proofing, and communication technologies;

010.01(D) To ensure the provider possesses sufficient familiarity with Nebraska's online notary public laws and requirements, require the individual signing the application on behalf of the online notary solution provider to take the mandatory online notary public education course and pass the required examination;

010.01(E) Require notaries public to present the Certificate of Registration to act as an online notary public issued by the Secretary prior to authorizing an online notary seal and electronic signature;

010.01(F) Verify the authorization of a Nebraska Notary Public to perform online notarial acts by confirming through the Secretary or the Secretary's website should an online listing be made available;

010.01(G) Provide prorated fees to align the usage and cost of the online notary solution with the commission term limit of the Notary Public purchasing the online notary seal and electronic signature:

010.01(H) Suspend the use of any online notary solution for any Notary Public whose commission or registration has been revoked, suspended, or canceled by the Secretary; and

010.01(I) Submit an exemplary of the online notary public's electronic signature and the online notary seal to the Secretary for each online notary public who subscribes to the provider's Online Notarization Solution.

010.02 Communication technology provided by the online notary solution provider shall, at a minimum:

010.02(A) Provide for continuous, synchronous audio-visual feeds:

010.02(B) Provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak to each other simultaneously through live, real time transmission:

010.02(C) Provide sufficient captured image resolution for credential analysis to be performed in accordance with the Online Notary Public Act and this Chapter.

010.02(D) Include a means of authentication that reasonably ensures only the proper parties have access to the audio-video communication:

010.02(E) be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz, and the means and methods used to generate the credential analysis output: and

010.02(F) provide reasonable security measures to prevent unauthorized access to:

010.02(F)(i) the live transmission of the audio-video communication:

010.02(F)(ii) a recording of the audio-video communication:

010.02(F)(iii) the verification methods and credentials used to verify the identity of the principal: and

010.02(F)(iv) the electronic documents presented for online notarization.

010.03 Credential analysis provided by an online notary solution provider shall, at a minimum:

010.03(A) Use automated software processes to aid the online notary public in verifying the identity of a principal or any credible witness:

010.03(B) Ensure that the credential passes an authenticity test, consistent with sound commercial practices that:

010.03(B)(i) Use appropriate technologies to confirm the integrity of visual, physical. or cryptographic security features;

010.03(B)(ii) Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified:

010.03(B)(iii) Use information held or published by the issuing source or authoritative sources, as available, to confirm the validity of personal details and credential details: and

010.03(B)(iv) Provide the result of the authenticity test to the online notary public:

010.03(C) 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.

010.04 Identity proofing provided by an online notary solution provider shall, at a minimum meet the following requirements:

010.04(A) Require the principal to complete a quiz consisting of a minimum of Five questions related to the principal's persona! history or identity, formulated from public and proprietary data sources;

010.04(B) Each question must have a minimum of five possible answer choices;

010.04(C) At least 80% of the questions must be answered correctly;

010.04(D) All questions must be answered within two minutes;

010.04(E) If the principal fails his or her first attempt he or she may retake the quiz one time within 24 hours:

010.04(F) During the retake, a minimum of 60% of the prior questions must be replaced; and

010.04(G) If the principal fails his or her second attempt, he or she is not permitted to retry with the same online notary public for 24 hours.

010.05 If the principal or online notary public exit the online notary solution or the audio or visual feed is interrupted or terminated, the principal must restart the online notarial process from the beginning.

Citation: Neb. Rev. Stat. §§ 64-402, 64-407, 64-409 and 64-411.

Notes

433 Neb. Admin. Code, ch. 8, § 010

Adopted effective 3/30/2020 Amended effective 6/10/2020