N.M. Stat. § 14-14A-26
Rules.
A. The secretary of state may adopt rules to implement the secretary's
responsibilities pursuant to the Revised Uniform Law on Notarial Acts. Rules adopted
regarding the performance of notarial acts with respect to electronic records may not
require, or accord greater legal status or effect to, the implementation or application of a
specific technology or technical specification. The rules may:
(1)
prescribe the manner of performing notarial acts regarding tangible and
electronic records;
(2)
include provisions to ensure that any change to or tampering with a record
bearing a certificate of a notarial act is self-evident;
(3)
include provisions to ensure integrity in the creation, transmittal, storage or
authentication of electronic records or signatures;
(4)
prescribe the process of granting or renewing a notary public commission;
(5)
include provisions to prevent fraud or mistake in the performance of
notarial acts;
(6)
establish the process for approving and accepting surety bonds and other
forms of assurance pursuant to Subsection D of Section 14-14A-20 NMSA 1978;
(7)
provide for the administration of the examination pursuant to Subsection A
of Section 14-14A-21 NMSA 1978 and the course of study pursuant to Subsection B of
Section 14-14A-21 NMSA 1978; and
(8)
provide for the administration of continuing legal education for notarial
officers authorized to practice law in this state in collaboration with the board of bar
commissioners of the state of New Mexico and pursuant to rules adopted by the board
of bar commissioners of the state of New Mexico.
B. In adopting, amending or repealing rules about notarial acts with respect to
electronic records, the secretary of state shall consider, so far as is consistent with the
Revised Uniform Law on Notarial Acts:
(1)
the most recent standards regarding electronic records promulgated by
national bodies, such as the national association of secretaries of state;
(2)
standards, practices and customs of other jurisdictions that substantially
enact the Revised Uniform Law on Notarial Acts; and
(3)
the views of governmental officials and entities and other interested
persons.
C. The state ethics commission may adopt rules to implement the commission's
responsibilities pursuant to the Revised Uniform Law on Notarial Acts. The rules may:
(1)
prescribe the process of submitting a complaint;
(2)
provide for the administration of the adjudication of complaints;
(3)
prescribe the procedure by which the state ethics commission shall handle
complaints;
(4)
prescribe the procedure the state ethics commission shall follow in
approving a hearing officer's recommendation; and
(5)
prescribe the procedure of appealing the state ethics commission's
determination.