2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 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.
History:
Laws 2021, ch. 21, § 26; 2023, ch. 110, § 24.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that the state ethics commission may adopt rules to implement the commission's responsibilities pursuant to the Revised Uniform Law on Notarial Acts; in Subsection A, in the introductory paragraph, after "implement the", added "secretary's responsibilities pursuant to the", in Paragraph A(4), after "renewing", deleted "conditioning, denying, suspending or revoking", and after "commission", deleted "and assuring the trustworthiness of an individual holding a commission as notary public", in Paragraph A(6), after "Section", deleted "20 of the Revised Uniform Law on Notarial Acts" and added "14-14A-20 NMSA 1978", and in Paragraph A(7), after each occurrence of "Section", deleted "21 of the Revised Uniform Law on Notarial Acts" and added "14-14A-21 NMSA 1978"; and added Subsection C.
Applicability.
— Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.