reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 5 - Baseline Requirements and Technology Standards › Section 999.150 - Letter of Deposit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within a
				  timeframe established by the County Recorder of a submission of original, changed,
				  or modified source code to an escrow facility, the Certified Vendor of ERDS Software
				  and/or Developer shall notify, in writing, each affected County Recorder that the
				  source code has been placed in escrow. The letter of deposit shall include a
				  description of submitted materials sufficient to distinguish them from all other
				  submissions. The letter of deposit shall state all of the following:
(1) That all source code materials are included in
				  the deposit.
(2) The name of the escrow
				  company and the location of the escrow facility where the source code materials have
				  been placed in escrow.
(3) That the
				  escrow company, its officers, and directors may not hold or exercise a direct or
				  indirect financial interest in the Certified Vendor of ERDS Software or the County
				  Recorder.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 5 - Baseline Requirements and Technology Standards › Section 999.151 - Integrity of Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person having access to ERDS source code materials shall
					 interfere with or prevent the escrow representative from monitoring the security and
					 integrity of the ERDS source code materials.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(2),
						27393(b)(5)
						and
						27393(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 5 - Baseline Requirements and Technology Standards › Section 999.152 - Retention and. Disposition of Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Records maintained by the escrow company pursuant to these
					 regulations and other applicable law shall be retained for the term of the escrow
					 agreement. The escrow agreement shall provide for the disposition of source code
					 materials in the event the escrow agreement terminates.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(5)
						and
						27393(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 5 - Baseline Requirements and Technology Standards › Section 999.153 - Access to Materials. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Repealer
					 filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
Note: Authority cited: Sections
						27393 and
						27394(e),
						Government Code. Reference: Sections
						27393(b)(5),
						27393(c)
						and
						27394(e),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 5 - Baseline Requirements and Technology Standards › Section 999.154 - Escrow Agreement State Non-Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Neither the Attorney General nor the state
				  shall be responsible for the fees claimed by the Certified Vendor of ERDS Software,
				  the County Recorder, or the escrow company to establish the escrow
				  contract.
(b) Neither the Attorney
				  General nor the state is a party to the escrow agreement and may not incur a
				  liability for the actions of the parties involved in the escrow agreement.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(a),
						27393(b),
						27393(b)(5),
						27393(c),
						27394(a)
						and
						27397,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.166 - Certification Application Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A County Recorder may apply for the initial
				  certification of an ERDS as either a Single-County or Multi-County ERDS and, when
				  applicable, return function via an ERDS.
(b) An ERDS may not be implemented prior to
				  receiving a System Certificate of Operation from the ERDS Program.
(1) A County Recorder applying for the initial
				  certification of a Single-County ERDS shall submit to the ERDS Program all of the
				  following:
(A) An Application for System
				  Certification form #ERDS 0001A (Rev. 08/2020), incorporated by reference herein, to
				  the ERDS Program, which shall be dated and signed with a declaration under penalty
				  of perjury under the laws of the State of California that all information contained
				  therein is true and correct.
(B) A copy
				  of the resolution to establish an ERDS as approved by its county board of
				  supervisors. The resolution shall include, but not be limited to, designating the
				  ERDS as Single-County or Multi-County, and, when applicable, the return function via
				  an ERDS.
(C) A copy of the proof of
				  escrow letter of deposit.
(D) A copy of
				  the Certified Vendor of ERDS Software contract, if any. If internal county resources
				  and/or another public entity are being used to develop an ERDS in lieu of a
				  Certified Vendor of ERDS Software, that shall be stated in the county resolution
				  approving establishment of the ERDS.
(E)
				  A copy of its contract with a Computer Security Auditor.
(F) A copy of the successful initial system audit
				  report conducted by a Computer Security Auditor.
(G) Proof of fingerprint submission for
				  individuals designated as having a role that requires fingerprinting and a copy of
				  the list of all users with Secure Access.
(H) A signed and dated Statement of Understanding
				  form #ERDS 0011 (Rev. 08/2020), incorporated by reference herein, declaring under
				  penalty of perjury under the laws of the State of California that all information
				  contained therein is true and correct.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.167 - Substantive Modification(s)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A substantive modification occurs when a change affects the
					 functionality of an ERDS. Substantive modifications include, but are not limited to,
					 any of the following:
(1) Changes to source
				  code that lead to new or different functional behaviors;
(2) Changes to call signatures in source code
				  interfaces to purchased components;
(3)
				  Changes of data structures or structural database objects;
(4) Changes that require modification of
				  deployment procedures;
(5) A new version
				  of a compiler that requires source code changes in order to compile existing source
				  code error and warning free;
(6) Changes
				  to purchased components or components that are part of software libraries;
(7) Relocation of an ERDS server to a different
				  network segment;
(8) Changing an ERDS
				  server from single-purpose to multi-purpose;
(9) Changing an ERDS server from Single-County to
				  a Multi-County;
(10) Hardware
				  maintenance involving the complete replacement of an ERDS;
(11) Software maintenance releases that correct,
				  perfect, enhance, or otherwise affect the functionality of ERDS; or
(12) Changing to a return capability.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
Note: Authority cited: Sections
						27393,
						27394(a)
						and
						27395(b),
						Government Code. Reference: Sections
						27393(b)(2)
						and
						27393(b)(6),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.168 - Substantive Modification(s) Application Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following initial system certification,
				  approval by the ERDS program of any Substantive Modification shall require
				  completion of a modified system audit pertaining to only the components that are
				  proposed to be modified and/or changed in the production environment. The modified
				  system audit shall be completed by a Computer Security Auditor and submitted to the
				  County Recorder. Within fifteen (15) business days of the provisional
				  implementation, the County Recorder shall apply for approval of the substantive
				  modification(s) in order for the ERDS Program to make a final approval determination
				  status.
(b) A County Recorder applying
				  for approval of a Substantive Modification other than adding a Sub-County to a
				  Multi-County ERDS shall submit to the ERDS Program all of the following:
(1) A Request for Approval of Substantive
				  Modification(s) form #ERDS 0013 (Rev. 08/2020), incorporated by reference herein,
				  which shall be dated and signed with a declaration under penalty of perjury under
				  the laws of the State of California that all information is true and
				  correct.
(2) If using a Certified Vendor
				  of ERDS Software and/or Developer, submit a copy of the proof of escrow letter of
				  deposit.
(3) A copy of the Certified
				  Vendor of ERDS Software contract, if any.
(4) A copy of the County's contract with a
				  Computer Security Auditor.
(5) A copy of
				  the report for the modified system audit report required by subdivision (a) of this
				  section.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.169 - Non-Substantive Modification(s)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Non-Substantive modifications include, but are not limited to,
					 the following:
(1) Day-to-day
				  administration of ERDS accounts, roles or cryptographic keys;
(2) Hardware maintenance that does not affect the
				  functionality of an ERDS and does not involve the complete replacement of an ERDS
				  server;
(3) The off-loading of ERDS
				  server logs to long-term storage;
(4)
				  Updating anti-malware software with the most up-to-date releases;
(5) Updating operating system software with the
				  most up-to-date patches and hot-fixes;
(6) Maintaining backups for software and data;
				  and
(7) The addition and/or deletion of
				  roles, whether or not fingerprinting or notification to the ERDS Program is
				  required.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(a),
						27393(b),
						27393(b)(6),
						27393(c)
						and
						27394(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.170 - Non-Substantive Modification(s) Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A non-substantive modification, as defined within these
					 regulations, does not require a modified system audit; however, it shall be subject
					 to review during audits and local inspections.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(6)
						and
						27394(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.171 - Approval of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  Application for System Certification form #ERDS 0001A is approved, the ERDS Program
				  shall deliver the following to the County Recorder.
(1) An Approval Letter.
(2) A System Certificate of Operation, which
				  authorizes the County Recorder to operate the ERDS.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.172 - Incomplete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  incomplete Application for System Certification form #ERDS 0001A or Request for
				  Approval of Substantive Modification(s) form #ERDS 0013 shall be returned to the
				  County Recorder with a written explanation for the return and instruction on
				  resubmission. Applications shall be deemed incomplete when:
(1) The application has missing or illegible
				  data.
(2) Supporting documentation,
				  forms, or applicable fees are not included with the application.
(3) Proof of fingerprint submission for
				  individuals designated as having a role that requires fingerprinting is not
				  submitted.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.173 - Denial of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Application for System Certification form #ERDS 0001A or Request for Approval of
				  Substantive Modification(s) form ERDS # 0013 may be denied for good cause. Good
				  cause shall be deemed to exist when the applicant does not satisfy the
				  qualifications or system requirements of these regulations, when it is necessary to
				  protect the public interest, protect the integrity of public records, or to protect
				  homeowners from financial harm.
(b)
				  Denied applications shall be returned to the County Recorder with a written
				  explanation for the reason for denial. The denial may not prohibit the submission of
				  an Application for System Certification form # ERDS 0001A or Request for Approval of
				  Substantive Modification(s) form #ERDS 0013 at a later date.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Application for System
					 Certification form #ERDS 0001A and Request for Approval of Substantive
					 Modification(s) form #ERDS 0013 (incorporated by reference) and amending section
					 filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27392,
						27393(b)(6),
						27393(b)(12),
						27395(b)
						and
						27397(a),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.174 - Change of County Recorder

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The new
				  County Recorder, either in their official capacity or by delegation of
				  responsibility, shall notify the ERDS Program within 30 days of the change of a
				  County Recorder by submitting a Statement of Understanding form #ERDS 0011 signed
				  and dated declaring under penalty of perjury under the laws of the State of
				  California that all information is true and correct.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Statement of
					 Understanding form #ERDS 0011 (incorporated by reference) and amending section filed
					 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order N-71-20.
4.
					 Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27391,
						27392(b)
						and
						27393(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.175 - Change of Physical and/or Mailing Address and/or Contact Information for a County Recorder

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  Recorder, either in their official capacity or by delegation of responsibility,
				  shall notify the ERDS Program within 30 days by submitting a written notification of
				  the change of physical and/or mailing address and/or contact information.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Change
					 without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27391,
						27392,
						27393(b)(2)
						and
						27393(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.176 - Addition or Deletion of Individuals Assigned an ERDS Role that Requires Fingerprinting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  order to add or delete individuals from the list of all individuals designated as
				  having Secure Access and/or authorized access to operate the ERDS specified in
				  Section 999.165, subdivision (i)(2), the County
				  Recorder shall submit to the ERDS Program a Change of ERDS Role form #ERDS
				  0008.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
4. Change without regulatory effect amending Change of ERDS Role
					 form #ERDS 0008 (incorporated by reference) and amending section filed 5-27-2021
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27391,
						27392,
						27393(b)(9),
						27394 and
						27395(b),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.177 - Expiration of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once
				  issued by the ERDS Program, the certification of the ERDS shall remain in effect
				  within the County Recorder's office for which it is approved without the need for
				  renewal for the life of the ERDS operation in the County unless one of the following
				  occurs:
(1) A letter of suspension is issued to
				  the County Recorder.
(2) The County
				  Recorder withdraws from ERDS Certification.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.178 - Withdrawal from Certification or from Multi-County ERDS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to withdraw from ERDS Certification a
				  County Recorder shall submit to the ERDS Program all of the following:
(1) An Application for Withdrawal form #ERDS 0010
				  (Rev. 08/2020), incorporated by reference herein, that includes the date for ceasing
				  ERDS operation, signed and dated with a declaration under penalty of perjury under
				  the laws of the State of California that all information contained therein is true
				  and correct.
(2) A listing of all
				  individuals designated as having Secure Access.
(3) A listing of all associated agencies and/or
				  business entities designated as having Secure Access.
(4) The withdrawal request shall render the System
				  Certificate of Operation for that County Recorder invalid. The withdrawing County
				  Recorder shall cease all ERDS operations as of the cease of operation date listed on
				  the Application for Withdrawal form #ERDS 0010.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.179 - Request for Replacement of Certificate and/or Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To request a replacement certificate or copies
				  of a document pertaining to an application submission, a County Recorder or their
				  designee may submit a Request for Replacement of Certificate and/or Documents form
				  #ERDS 0006 (Rev. 08/2020), incorporated by reference herein, signed and dated
				  declaring under penalty of perjury under the laws of the State of California that
				  the requested certificate and/or documents pertain to their application
				  submission.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of subsection (a) filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Request for Replacement
					 of Certificate and/or Documents form #ERDS 0006 (incorporated by reference) and
					 amending section filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order N-71-20.
4.
					 Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27391(a),
						27392 and
						27393(b)(2),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.190 - Computer Security Auditor Application Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual must be approved by the ERDS
				  Program prior to contracting with a County Recorder to serve as a Computer Security
				  Auditor.
(b) An individual applying for
				  approval as a Computer Security Auditor shall submit to the ERDS Program all of the
				  following:
(1) An Application for Computer Security
				  Auditor Approval form #ERDS 0002 (Rev. 08/2020), incorporated by reference herein,
				  which shall be dated and signed with a declaration under penalty of perjury under
				  the laws of the State of California that all information contained therein, and all
				  information submitted with the application, is true, correct, and complete; an
				  acknowledgment that providing any false or dishonest information in connection with
				  the application may be grounds for denial or subsequent termination or suspension of
				  approval; and an attestation that the applicant is not an Authorized Submitter,
				  Agent of an Authorized Submitter, or Certified Vendor of ERDS Software as defined in
				  this chapter. The applicant must also indicate on the Application for Computer
				  Security Auditor Approval form #ERDS 0002 one or more of the following geographical
				  locations they are seeking approval for as a Computer Security Auditor:
(A) Northern California, which consists of the
				  counties of Amador, Alpine, Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt,
				  Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento,
				  Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and
				  Yuba.
(B) Central California, which
				  consists of the counties of Alameda, Calaveras, Contra Costa, Fresno, Inyo, Kern,
				  Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, San Francisco, San
				  Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tulare,
				  and Tuolumne.
(C) Southern California,
				  which consists of the counties of Imperial, Los Angeles, Orange, Riverside, San
				  Bernardino, Santa Barbara, San Diego, and Ventura.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.191 - Approval of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  application is approved, the ERDS Program shall deliver, to the individual, all of
				  the following documentation:
(1) An Approval
				  Letter, and
(2) An ERDS Certificate of
				  Approval which authorizes the individual to contract with a County Recorder to
				  perform the duties of a Computer Security Auditor. The certificate shall remain in
				  effect for three years unless terminated based on a subsequent arrest and/or
				  disposition.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.192 - Incomplete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  incomplete application shall be returned to the applicant with a written explanation
				  for the return and further instructions on resubmission. An application shall be
				  deemed incomplete when:
(1) The application has
				  missing or illegible data.
(2)
				  Supporting documentation, forms, or applicable fingerprint submission fees are not
				  included with the application.
(3) Proof
				  of fingerprinting is not submitted.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.193 - Denial of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Application for Computer Security Auditor Approval form #ERDS 0002 may be denied for
				  good cause. Good cause shall be deemed to exist when the applicant does not satisfy
				  the qualifications or system requirements of these regulations, it is necessary to
				  protect the public interest, protect the integrity of records, or to protect
				  homeowners from financial harm.
(b)
				  Denied applications shall be returned to the individual with a written explanation
				  for the denial. The denial may not prohibit the resubmission of an Application for
				  Computer Security Auditor Approval form #ERDS 0002 at a later date.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Application for
					 Computer Security Auditor Approval form #ERDS 0002 (incorporated by reference) and
					 amending section filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(c),
						27394 and
						27395(a),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.194 - Expiration of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once issued
				  by the ERDS Program, the ERDS Certificate of Approval shall remain in effect for a
				  period of 3 years from the date of issuance unless one of the following occurs:
(1) A letter of suspension is issued to the
				  individual.
(2) The individual withdraws
				  their approval status as a Computer Security Auditor,
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.196 - Withdrawal of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to
				  withdraw from ERDS Program approval, a Computer Security Auditor shall submit to the
				  ERDS Program an Application for Withdrawal form #ERDS 0010 that includes a date for
				  terminating service, signed and dated with a declaration under penalty of perjury
				  under the laws of the State of California that all information contained therein is
				  true and correct.
(b) Upon receipt of
				  the Application for Withdrawal form #ERDS 0010, the ERDS Program shall send the
				  applicant a written acknowledgement of the request for withdrawal and notification
				  that the applicant's information has been removed from the listing of Computer
				  Security Auditors posted on the ERDS Program Internet page.
(c) As of the service termination date listed on
				  the Application for Withdrawal form #ERDS 0010, the applicant's certificate of
				  approval from the ERDS program shall be invalid, and the applicant must cease all
				  ERDS services.
(d) In order to renew
				  ERDS Program approval at a later date, a Computer Security Auditor who withdraws
				  from ERDS Program approval must complete all requirements for initial approval
				  pursuant to Section
				  199.190.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of section heading and section filed 10-7-2019; operative 1-1-2020
					 (Register 2019, No. 41).
3. Change without regulatory effect amending
					 Application for Withdrawal form #ERDS 0010 (incorporated by reference) and amending
					 subsections (a)-(c) filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(2),
						27393(c),
						27394(a)
						and
						27394(b),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 7 - Computer Security Auditor › Section 999.197 - Request for Replacement of Certificate and/or Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To request a replacement certificate of
				  approval or copies of any documents submitted with their application submission, a
				  Computer Security Auditor may submit a Request for Replacement of Certificate and/
				  or Documents form #ERDS 0006, signed and dated with a declaration under penalty of
				  perjury under the laws of the State of California that the requested certificate
				  and/or documents pertain to their application submission.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No. 41).
3.
					 Change without regulatory effect amending Request for Replacement of Certificate
					 and/or Documents form #ERDS 0006 (incorporated by reference) and amending section
					 filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order N-71-20.
4.
					 Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(2),
						27393(c)
						and
						27394(a),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.204 - Fingerprinting of Vendor Employees and/or Vendor Contract Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time that a certified Vendor of ERDS
				  Software enters into a contract with a County Recorder, the Vendor shall provide to
				  the County Recorder proof of fingerprint submission of all vendor employees and/or
				  vendor contract employees to be used in an ERDS development and/or implementation.
(1) An Acknowledgment of Responsibilities form
				  #ERDS 0012 shall be signed and kept on file by the County Recorder for all vendor
				  employees and/or vendor contract employees for review during audits and local
				  inspections.
(2) The Vendor of ERDS
				  Software shall notify the County Recorder of any addition or deletion of vendor
				  employees and/or vendor contract employees. The County Recorder shall maintain a
				  list of those individuals and their roles which shall be subject to audit and local
				  inspection. The County Recorder shall submit to the ERDS Program a completed Change
				  of ERDS Role form #ERDS 0008 indicating addition or deletion of vendor employees
				  and/or vendor contract employees.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.205 - Approval of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  application is approved and fees have been processed, the ERDS Program shall deliver
				  to the individual all of the following documentation:
(1) An Approval Letter, and
(2) A Vendor of ERDS Software Certificate which
				  authorizes the individual to contract with a County Recorder as a Vendor of ERDS
				  Software.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.206 - Incomplete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  incomplete Application for Certified Vendor of ERDS Software Certification form
				  #ERDS 0003 shall be returned to the applicant with a written explanation for the
				  return and further instructions on resubmission. The application shall be deemed
				  incomplete when:
(1) The application has missing
				  or illegible data.
(2) Supporting
				  documentation, forms, or applicable fees are not included with the
				  application.
(3) Proof of fingerprinting
				  is not submitted.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.207 - Denial of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Application for Certified Vendor of ERDS Software Certification form #ERDS 0003 may
				  be denied for good cause. Good cause shall be deemed to exist when the applicant
				  does not satisfy the qualification or system requirements of these regulations, it
				  is necessary to protect the public interest, protect the integrity of records, or to
				  protect homeowners from financial harm.
(b) Denied applications shall be returned to the
				  individual with a written explanation for the denial. The denial may not prohibit
				  the submission of an Application for Certified Vendor of ERDS Software Certification
				  form #ERDS 0003 at a later date.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Application for
					 Certified Vendor of ERDS Software Certification form #ERDS 0003 (incorporated by
					 reference) and amending section filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27392(b),
						27393(b)(7),
						27393(c)
						and
						27395(b),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.208 - Expiration of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once
				  issued by the ERDS Program, the Vendor of ERDS Software Certificate shall remain in
				  effect for a period of 3 years from the date of issuance unless one of the following
				  occurs:
(1) A letter of suspension is issued to
				  the individual.
(2) The individual
				  withdraws their certification as a Vendor of ERDS Software.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.209 - Renewal of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Vendor of ERDS Software Certificate shall be renewed prior to expiration in order to
				  remain valid. The certificate holder shall submit:
(1) An Application for Certified Vendor of ERDS
				  Software Certification form #ERDS 0003 indicating renewal.
(2) A check or money order for the renewal fee;
				  payable to "Department of Justice -- ERDS Program".
(3) Submit documentation with the Application for
				  Certified Vendor of ERDS Software Certification form #ERDS 0003 as follows, to
				  demonstrate that they have met the reference or service agreement required to be
				  certified as a Vendor of ERDS Software:
(A)
				  Provide 3 best references within the last 5 years for software products or
				  development of equivalent technology, complexity and size of an ERDS. At least 1
				  reference shall be for a project using document-imaging technology. Provide this
				  information on the Reference(s) for Certified Vendor of ERDS Software Certification
				  form #ERDS 0009, or
(B) Operate as a
				  Vendor with a valid California Multiple Award Schedule, General Services Agreement,
				  or Master Services Agreement. A copy of the agreement(s) shall include 1 or more of
				  the following Consulting Service categories: Application Development; Information
				  Technology (IT) Acquisition Support; IT Project Management; IT Project Planning; IT
				  Strategic Planning; IT System Implementation; Migration Planning; Software
				  Development; System Analysis; System Design; System Development; and/or System
				  Integration.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.210 - Withdrawal of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Vendor of ERDS Software choosing to withdraw their certification shall submit the
				  following:
(1) An Application for Withdrawal form
				  #ERDS 0010 with a date for cease of operation/service signed and dated declaring
				  under penalty of perjury under the laws of the State of California that all
				  information is true and correct. Submit to the ERDS Program.
(2) A list of all vendor employees and/or vendor
				  contract employees designated as having a role that requires fingerprinting shall be
				  submitted to the County Recorder and a copy attached to the Application for
				  Withdrawal form #ERDS 0010.
(3) The
				  withdrawal request shall render the certificate invalid. The withdrawing Vendor
				  shall cease all ERDS services as of the date noted on the withdrawal
				  application.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 8 - Vendor of Electronic Recording Delivery System Software › Section 999.211 - Request for Replacement of Certificate and/or Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To request a replacement certificate or copies
				  of a document pertaining to their application submission, a Vendor of ERDS Software
				  may submit a Request for Replacement of Certificate and/or Documents form #ERDS
				  0006, signed and dated declaring under penalty of perjury under the laws of the
				  State of California that the requested certificate and/or documents pertains to
				  their application submission.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of subsection (a) filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Change without regulatory effect amending Request for Replacement
					 of Certificate and/or Documents form #ERDS 0006 (incorporated by reference) and
					 amending section filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order N-71-20.
4.
					 Change without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27392(b),
						27393(b)(2),
						27393(b)(7)
						and
						27393(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 9 - Audits and Oversight › Section 999.217 - Security Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The ERDS
				  Program is responsible for oversight and regulation of an ERDS. This responsibility
				  shall be met through the initial system audit, biennial audit, modified system
				  audit, and modified system incident audit, and local inspection process as set forth
				  in this section and in Section
				  999.219.
(b) The primary process for monitoring the
				  effectiveness of security controls shall be a computer security audit conducted by a
				  Computer Security Auditor. A County Recorder shall contract with a Computer Security
				  Auditor in order to meet all ERDS audit requirements. A list of Computer Security
				  Auditors shall be provided on the ERDS Program Internet page.
(c) A Computer Security Auditor shall conduct a
				  security audit of an ERDS for the purpose of:
1)
				  verifying that the system is secure from vulnerabilities and unauthorized
				  penetration;
2) ensuring ERDS operating
				  procedures are in place and are being followed; and
3) that the ERDS has no capability to modify,
				  manipulate, insert, or delete information in the public record.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 9 - Audits and Oversight › Section 999.218 - Audit Report Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The format
				  of a security audit report shall include, but is not limited to, all of the
				  following:
(1) A summary of recommendations in a
				  task-list format.
(2) A description of
				  the Computer Security Auditor's methodology.
(3) A section for detailed technical observations
				  and recommendations.
(4) A diagram
				  depicting results, where applicable.
(5)
				  Results of testing and reviews.
(6)
				  Recommendations for additional precautions needed to ensure that the system is
				  secure.
(7) A copy of the list of all
				  users who have been approved for Secure Access to the ERDS.