HAR §5-11-62

HAR §5-11-62. notary public obtained from the attorney general

Last amended: 2022Length: 585 wordsOfficial source

Cite as Haw. Code R. § 5-11-62

[Eff and comp FEB 2 7 2022 (Auth: HRS §§28- 10.88, 456-1.5, 456-8, 456-23) (Imp: HRS §456-24) §5-11-62 Application for a remote online notary public commission. (a) Only a notary public with an active commission may apply for a remote online notary public commission. (b) Each applicant for a remote online notary public commission shall complete and file with the attorney general an application for commission of remote online notary public. In addition to the information required under section 5-ll-21(b), a completed application shall include: (1) A non-refundable application fee; (2) The applicant's email address; (3) The applicant's notary public commission number; (4) A description of the communication technologies and devices that the applicant intends to use to perform remote online notarization; (5) The name, address, and website address of any vendors or other persons that will directly supply to the notary public the technologies and devices that the notary public intends to use; (6) A description of the data storage methods to maintain a secure backup of electronic journals and audiovisual recordings; (7) A statement certifying that the applicant has obtained a digital certificate from a qualified certificate authority or a trusted service provider to be used by the applicant in performing remote online notarizations; and (8) A statement of compliance that the technologies named in the application are fully compliant with chapter 456, HRS, and this chapter. 11-29 §5-11-62 (c) If, during the term of a remote online notary public's commission, the remote online notary public intends to use the technologies or devices of a vendor or person other than those identified in the application submitted under subsection (b), the remote online notary public shall notify the attorney general identifying such other business or other person as required by this section. [Eff and comp FEB 2 7 2022 ] (Auth: HRS §§28-10.8, 456-1.5, 456- 8, 456-23) (Imp: HRS §§456-24, 456-25) §5-11-63 Action on application for remote online notary public commission. (a) Unless otherwise provided by law, the attorney general shall take the following actions within six months after the filing of a complete application for a commission as an online notary public: (1) If the attorney general deems appropriate, conduct an investigation of the applicant; and (2) After completing any necessary investigation, provide written notification to the applicant of the status of the application for a commission. If the application is denied, written notification of the denial shall state the reason for denying the application and shall inform the applicant of the right to a hearing in accordance with chapter 91, HRS, and chapter 5-1. (b) An application may be considered abandoned if the application is not completed and the required documents and other information are not submitted to the attorney general within ninety days from the date the application is first filed with the attorney general. The attorney general shall not be required to act on any abandoned application and the abandoned application may be destroyed by the attorney general. [Eff and comp FEB 2 7 2022 ] (Auth: HRS §§28- 10. 8, 456-1.5, 456-8, 456-23) (Imp: HRS §456-24) 11-30 §5-11-66 §5-11-64 Remote online notary public examination. No remote online notary public commission shall be issued to any notary public unless the notary public pays the examination fee and takes and passes an examination specific to notarization of remotely located individuals as prescribed by the attorney general and pursuant to the requirements of section 5-11-32. [Eff and comp FEB 2 7 2022 ] (Auth: HRS §§28-10.8, 456-1.5, 456-8, 456-23) (Imp: HRS §456-24)
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