In addition to the requirements set forth in 57 Pa.C.S. § 306.1 (relating to notarial act performed for remotely located individual), a communication technology used to perform notarial acts for remotely located individuals must meet all of the following:

1. (1) Comply with Federal and State law, including 57 Pa.C.S. Chapter 3 (relating to Revised Uniform Law on Notarial Acts) and this chapter.
2. (2) Allow the notary public to communicate with the remotely located individual simultaneously by sight and sound.
3. (3) Make reasonable accommodations for an individual with a vision, hearing or speech impairment in accordance with law.
4. (4) Include two types of processes or services by which a third person provides a remote notary public with a means to verify the identity of the remotely located individual by a review of personal information from public or private data sources. Identity proofing methods may include the use of credential analysis, dynamic knowledge-based authentication, biometrics or other means of identification.
5. (5) Create an audiovisual recording of all interactions between the remote notary public and the remotely located individual during the performance of the notarial act.
6. (6) Retain the audiovisual recording for a period of 10 years as designated by the remote notary public or enable the remote notary public to download and retain the audiovisual recording.
7. (7) Allow a person inspecting an electronic record to determine whether there has been any tampering with the integrity of a certificate of notarial act logically associated with a record or with the attachment or association of the notarial act with that electronic record.
8. (8) Include all of the information required by § 167.21 (relating to official stamp) as a part of, or a secure attachment to, the underlying notarized electronic record.
9. (9) Verify the authorization of the remote notary public to perform notarial acts facilitated by communication technology by verifying the name, commission number and commission expiration date with the department prior to offering the remote notarization technology.
10. (10) Suspend the use of any remote notarization technology for any remote notary public whose commission has expired or has been revoked or suspended by the department.

Cross References

This section cited in 4 Pa. Code § 167.2 (relating to definitions); 4 Pa. Code § 167.85 (relating to remote notarization technology provider application); and 4 Pa. Code § 167.87 (relating to termination of approval of technology).