Section 3.7 – Rulemaking authority for remote notarization.

• (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:
  • (a) electronic software and hardware that a remote notary may use to:
    • (i) perform a remote notarization; and
    • (ii) keep an electronic journal under Section 46-1-13;
  • (b) public and proprietary data sources that a remote notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(19)(b);
  • (c) dynamic knowledge-based authentication or biometric data analysis that a remote notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(19)(a)(ii); and
  • (d) electronic seals a remote 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.

Enacted by Chapter 192, 2019 General Session