2022 Indiana Code
Title 33. Courts and Court Officers
Article 42. Notaries Public
Chapter 16. Miscellaneous Provisions
33-42-16-2. Rulemaking
Sec. 2. (a) The secretary of state shall adopt rules under IC 4-22-2 to implement this article, including rules to do the following:
(1) Prescribe the process for conditioning, denying, granting, renewing, revoking, or suspending the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(2) Prescribe standards to ensure the trustworthiness of individuals applying for or in possession of the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(3) Establish processes for accepting and approving assurances.
(4) Prescribe the manner by which notarial acts are performed with respect to tangible records and electronic records.
(5) Ensure that a change to or tampering with a record bearing an electronic notarial certificate is self-evident.
(6) Specify requirements to ensure the secure creation, storage, transmission, and authentication of electronic records, electronic seals, and electronic signatures.
(7) Establish standards for approval of the following for use in Indiana:
(A) Audio visual communication technology.
(B) Identity proofing.
(C) Credential analysis.
(D) Dynamic knowledge based authentication.
(E) Biometrics.
(F) Other methods of identification.
(8) Establish standards related to electronic notarial certificates.
(b) When adopting, amending, or repealing rules governing electronic records or remote notarial acts, the secretary of state shall consider the following:
(1) Recent standards regarding electronic records issued by national bodies, including the National Association of Secretaries of State.
(2) The customs, practices, and standards of other jurisdictions.
(3) Actions of other governmental entities and officials.
(c) The administrative rules for remote notarial acts must be in effect before the secretary of state approves vendors of technology under IC 33-42-17-6.
(d) Remote notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the secretary of state.
(e) The secretary of state may amend rules adopted under this section as determined necessary as a result of changes in electronic and remote notarial act technology.
As added by P.L.128-2017, SEC.24. Amended by P.L.59-2018, SEC.61; P.L.177-2019, SEC.26.
