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