2417 STANDARDS FOR VERIFYING THE IDENTITY OF REMOTELY LOCATED INDIVIDUALS

2417.1 In performing remote notarial acts, if a notary public does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual under subsection 2417.4 of this section, the notary public must reasonably verify the individual's identity through two different types of identity proofing consisting of a credential analysis procedure and a dynamic knowledge-based authentication assessment as provided in subsections 2417.2 and 2417.3 of this section.

2417.2 Credential analysis must use public or private data sources to confirm the validity of the identification credential presented by a remotely located individual and shall, at a minimum:

1. (a) Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
2. (b) Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
3. (c) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
4. (d) Enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology.

2417.3 A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:

1. (a) The remotely located individual must answer a quiz consisting of a minimum of five (5) questions related to the individual's personal history or identity formulated from public or private data sources;
2. (b) Each question must have a minimum of five (5) possible answer choices;
3. (c) At least eighty percent (80%) of the questions must be answered correctly;

(d) All questions must be answered within five (5) minutes;

(e) If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours;

(f) During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced;

(g) If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same remote notary within twenty-four (24) hours of the second failed attempt; and

(h) The notary public must not be able to see or record the questions or answers.

2417.4 A notary public may verify the identity of a remotely located individual if the notary public:

(a) Has personal knowledge of the identity of the remotely located individual; or

(b) Has obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation of a credible witness in accordance with the following requirements:

(1) To be a credible witness, the witness must have personal knowledge of the remotely located individual;

(2) The notary public must have personal knowledge of the credible witness or verify the identity of the credible witness through the means described in Section 7(b)(2) of the Act (D.C. Official Code § 1-1231.06(b)(2)); and

(3) A credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate simultaneously by using communication technology.

SOURCE: § 23.9 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 23.9; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Business, Occupations, and Professionals

Rulemaking published at 70 DCR 014646 (November 3, 2023).