Utah Code 46-1-3.7. Rulemaking authority for electronic notarization
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(1) The director of elections in the Office of the Lieutenant Governor may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding standards for and types of:
Terms Used In Utah Code 46-1-3.7
- Electronic notarization: means :(5)(a) a remote notarization; or(5)(b) a notarization:(5)(b)(i) in an electronic format;(5)(b)(ii) of a document that may be recorded electronically under Subsection
Utah Code 46-1-2 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial certificate: means the affidavit described in Section
Utah Code 46-1-2 - Notary: includes a remote notary. See Utah Code 46-1-2
- Remote notary: means a notary that holds an active remote notary certification under Section
Utah Code 46-1-2 - Satisfactory evidence of identity: means :
(20)(a)(i) for both an in-person and remote notarization, identification of an individual based on:(20)(a)(i)(A) subject to Subsection (20)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;(20)(a)(i)(B) subject to Subsection (20)(b), a valid passport that any nation issues; or(20)(a)(i)(C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and(20)(a)(ii) for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under SectionUtah Code 46-1-2 (1)(a) electronic software and hardware that:(1)(a)(i) a notary may use to perform an electronic notarization; and(1)(a)(ii) a remote notary may use to keep an electronic journal under Section46-1-13 ;(1)(b) public and proprietary data sources that a remote notary may use to establish satisfactory evidence of identity under Subsection46-1-2 (20)(b);(1)(c) dynamic knowledge-based authentication or biometric data analysis that a remote notary may use to establish satisfactory evidence of identity under Subsection46-1-2(20)(a)(ii) ; and(1)(d) electronic seals a notary may use to complete an electronic notarial certificate.(2) When making a rule under this section, the director of elections in the Office of the Lieutenant Governor shall review and consider standards recommended by one or more national organizations that address the governance or operation of notaries.