reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-1.5 - Definitions

Current through June, 2024
As used in this chapter, unless the context requires
					 otherwise:
"Affirmation" or "oath" means a solemn pledge made orally
					 or in writing by a person to attest to the truth of the person's
					 statement.
"Appear personally" means:
(1) Being in the same physical location as another person
					 and close enough to see, hear, communicate with, and exchange proof of the
					 signer's signature and identity with that person; or
(2) Interacting with a remotely located individual by means
					 of communication technology that complies with the provisions of section
					 456-23,
					 HRS, and this chapter.
"Conviction" means a formal judgment entered by a court
					 based on a verdict or plea of guilty or a plea of nolo contendere.
"Department" means the department of the attorney
					 general.
"Electronic notary seal" or "electronic seal" means an
					 electronic image that contains information attached to or logically associated
					 with an electronic record and that contains the notary public's name, the
					 notary public's commission number, and the words
"notary public" and "State of Hawaii".
"Electronic signature" has the same meaning as in section
					 456-1.6, HRS.
"Identity proofing" has the same meaning as in section
					 456-23,
					 HRS.
"Notarial act" has the same meaning as in section
					 456-1.6, HRS.
"Notary public" has the same meaning as in section
					 456-1.6, HRS.
"Person" means an individual, corporation, business trust,
					 statutory trust, estate, trust, partnership, limited liability company,
					 association, joint venture, public corporation, government or governmental
					 subdivision, agency, or instrumentality, or any other legal or commercial
					 entity.
"Remote online notary public" has the same meaning as in
					 section
					 456-23,
					 HRS.
"Signature" has the same meaning as in section
					 456-1.6, HRS.
"Stamping device" has the same meaning as in section
					 456-1.6,
					 HRS.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-2 - Commission required to act as a notary public

Current through June, 2024
No person shall act as a notary public, advertise or
					 represent oneself as a notary public, or perform notarial acts, without a
					 current commission obtained from the attorney general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-3 - Conduct

Current through June, 2024
Every notary public shall perform notarial acts in
					 accordance with chapter
					 456, HRS, this chapter, other laws in
					 Hawaii, and official guidelines (e.g., Notary Manual) that pertain to notarial
					 acts and shall follow recognized industry best practice standards that do not
					 conflict with Hawaii law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-4 - Powers

Current through June, 2024
Every notary public shall take acknowledgments, administer
					 oaths and affirmations, witness the signing of documents, attest to the
					 identity of the signer of a document, note protests, and perform any other act
					 permitted by chapter
					 456, HRS.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-4.5 - Prohibited acts

Current through June, 2024
(a) A notary public
				  shall not do any of the following:
(1) Refuse
				  to perform a lawful and proper notarial act because of the race; sex, including
				  gender identity or expression; sexual orientation; color; ancestry;
				  nationality; ethnicity; religion; politics; advanced age; or disability,
				  including the use of a service animal, of the person appearing before the
				  notary public; or any disagreement with the statements or purpose of a
				  document;
(2) Base the charging of
				  a fee for performing a notarial act or the amount of the fee on the race; sex,
				  including gender identity or expression; sexual orientation; color; ancestry;
				  nationality; ethnicity; religion; politics; advanced age; or disability,
				  including the use of a service animal, of the person appearing before the
				  notarypublic; or any disagreement with the statements or purpose of a
				  document;
(3) Notarize the notary
				  public's own signature;
(4) Perform
				  a notarial act if the notary public has an actual and apparent conflict of
				  interest regarding the transaction in question;
(5) Deliver a signed notarial certificate to
				  another person and authorize that person to attach the certificate to a
				  document outside of the notary public's presence; or
(6) Provide legal advice, unless the notary
				  public is an attorney licensed to practice law in this State.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-5 - Notary seal

Current through June, 2024
(a) A notary public
				  shall obtain and keep a rubber stamp notary seal that, when stamped or
				  impressed upon a tangible document, shall clearly show the name of the notary
				  public, the commission number of the notary public, and the words "notary
				  public" and "State of Hawaii". The notary public shall not possess more than
				  one rubber stamp notary seal at a time.
(b) The notary public shall authenticate all
				  of the notary public's notarial acts, attestations, certifications, and
				  instruments with the notary public's notary seal contemporaneously with the
				  performance of the notarial act, as prescribed by chapter
				  456, HRS.
(c) The rubber stamp notary seal of every
				  notary public shall be a circular, rubber stamping device with a serrated or
				  milled edge border between one inch and two inches in diameter and shall
				  include the required wording and information specified in subsection
				  (a).
(d) The notary public shall
				  safeguard and maintain sole control of the notary seal.
(e) The notary public shall surrender the
				  rubber stamp notary seal to the attorney general within ninety days of
				  resignation from, or revocation or abandonment of, a commission, or the
				  expiration of a commission without renewal. Failure to comply with this
				  requirement may result in an administrative fine of $200.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-6 - Official signature

Current through June, 2024
(a) A notary public
				  shall sign on every notarial certificate, at the time of notarization, the
				  notary public's official signature as filed with the clerk of the circuit court
				  in the circuit in which the notary public resides and as the notary public's
				  name appears on the notary public's notary seal.
(b) The notary public shall always add to the
				  notary public's official signature the typed or printed name of the notary
				  public and a statement indicating the date of expiration of the notary public's
				  commission.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-7 - Acceptable forms of identification of signers

Current through June, 2024
A notary public shall not perform a notarial act unless
					 there is proof of the signer's signature and identity as defined in section
					 456-1.6, HRS, or as
					 otherwise provided in sections 5-11-69 and 5-11-70.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-8 - Acknowledgments; jurats

Current through June, 2024
Every acknowledgment or jurat shall be evidenced by a
					 certificate signed and dated by a notary public contemporaneously with the
					 performance of the notarial act, as prescribed by chapter
					 456, HRS. The certificate shall
					 include the printed name of the notary public, the expiration date, the notary
					 seal of the notary public, and identification of the jurisdiction in which the
					 notarial act is performed.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-9 - Journal

Current through June, 2024
(a) A notary public shall create, maintain,
				  and retain a journal in which the notary public chronicles all notarial acts
				  performed by the notary public in accordance with the requirements of section
				  456-15,
				  HRS, and this chapter.
(b) The
				  tangible journal shall be bound with a soft cover and shall not exceed eleven
				  inches in height and sixteen and one-half inches in width when fully
				  opened.
(c) The pages of the
				  tangible journal shall be consecutively numbered.
(d) The notary public shall always provide
				  and print legibly on the information page of each tangible journal the notary
				  public's name, business address, commission number, commission expiration date,
				  journal number, and the beginning and ending dates of the notarial acts
				  recorded in that journal.
(e) The
				  notary public shall always print legibly the notary public's name on the top
				  left corner and the notary public's commission number on the top right corner
				  of each set of pages of transactions in each tangible journal.
(f) The notary public shall retain the notary
				  public's journal for ten years after the performance of the last notarial act
				  chronicled in the journal. The notary public shall provide to the attorney
				  general the location of the journal upon resignation from, or revocation,
				  abandonment, or suspension of the notary public's commission, or the expiration
				  of a commission without renewal. At any time, the journal shall be subject to
				  an audit pursuant to section 45615, HRS. Failure to comply with this
				  requirement may result in an administrative fine of no less than $50 and no
				  more than $500.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-10 - Notification and filing of names, addresses, and changes; failure to notify

Current through June, 2024
(a) Each notary public shall file with the
				  attorney general the notary public's name, employer, residence and business
				  addresses, telephone numbers, email address, and occupation and shall notify
				  the attorney general of any change, in writing, within thirty days of the
				  change.
(b) The notice from the
				  notary public of the notary public's name change shall state the old and new
				  names and the effective date of the notary public's name change and shall
				  include a copy of the legal documentation recording the name change and the new
				  signature of the notary public.
(c)
				  The notice from the notary public of the notary public's address change shall
				  state the old and new addresses of the notary public's residence, if there is a
				  change in the notary public's residence address, the old and new addresses of
				  the notary public's business, if there is a change in the notary public's
				  business address, and the effective date of the notary public's address
				  change.
(d) Failure to provide
				  timely written notification to the attorney general of any change shall subject
				  the notary public to a $25 administrative fine. Failure to provide timely
				  written notification to the attorney general of any change of address that
				  results in renewal forms being mailed to an incorrect address shall subject the
				  notary public to a $50 administrative fine.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-10.5 - Notification of status change

Current through June, 2024
(a) Each notary
				  public or the notary public's representative or guardian shall notify the
				  attorney general in writing of an adjudication of the notary public's
				  incompetency within thirty days of the adjudication.
(b) Each notary public shall notify the
				  attorney general in writing of a criminal conviction against the notary public
				  of any felony, or a misdemeanor related to the qualifications, functions, or
				  duties of the notary public or involving fraud, false statements or omissions,
				  wrongful taking of property, bribery, perjury, forgery, counterfeiting,
				  extortion, or a conspiracy to commit any of these offenses.
(c) Each notary public shall notify the
				  attorney general in writing of any professional disciplinary decision issued
				  against the notary public in this or another jurisdiction within thirty days of
				  the disciplinary decision.
(d)
				  Failure to provide timely written notification to the attorney general of any
				  change, as prescribed under this section, shall subject the notary public to an
				  administrative fine of $25 per violation.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-12 - Term of commission

Current through June, 2024
The term of commission of a notary public shall be four
					 years from the date of the notary public's commission, unless sooner terminated
					 by the notary public's resignation, death, or abandonment of commission, or
					 revoked or suspended by action of the attorney general. Any notarial act
					 performed after the termination, revocation, or suspension of a commission
					 shall be invalid.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-13 - Forfeited commission

Current through June, 2024
(a) The commission
				  of a notary public is forfeited if the notary public knowingly fails to submit
				  a completed renewal application, pay the renewal fee, or complete the
				  processing and filing of a commission for renewal by the date of expiration of
				  the notary public's commission. A failure to renew shall be deemed knowingly if
				  notice of renewal is sent to the last address on file for the notary public and
				  the notary public fails to complete all the requirements of this
				  subsection.
(b) Any person seeking
				  to restore the person's forfeited commission more than one year from the date
				  of expiration of the commission shall reapply as a new applicant for a notary
				  public commission.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-14 - Suspended commission

Current through June, 2024
No commission shall be suspended by the attorney general
					 for a period exceeding five years. A person whose commission has been suspended
					 may apply for reinstatement of the commission upon complete compliance with all
					 terms and conditions imposed by the order of suspension. The application for
					 reinstatement shall be accompanied by all applicable fees. If the person fails
					 to file for reinstatement within thirty days after the end of suspension, the
					 person's commission shall be forfeited.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-15 - Revoked commission

Current through June, 2024
A person may apply for a new commission after five years
					 from the effective date of the revocation of the commission by filing an
					 application and complying with all current requirements for new applicants.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-16 - Resignation of commission

Current through June, 2024
(a) A notary public
				  may resign the notary public's commission, and shall:
(1) Surrender the notary public's commission
				  certificate and rubber stamp notary seal as provided in sections
				  5-11-5(e)
				  and
				  5-11-17(a)
				  and provide to the attorney general the location of the journal as provided in
				  section
				  5-11-9(f);
				  and
(2) Cease conducting all
				  notarial services.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-17 - Surrender of notary public commission certificate and notary seal; retention of journal; failure to comply

Current through June, 2024
(a) Within ninety
				  days of resignation from, or revocation or abandonment of, a commission, or the
				  expiration of a commission without renewal, the notary public shall:
(1) Surrender the notary public's commission
				  certificate, including the remote online notary public's commission
				  certificate, if applicable, to the attorney general for the purpose of
				  destruction;
(2) Surrender the
				  notary public's rubber stamp notary seal to the attorney general for the
				  purpose of defacement; and
(3)
				  Retain, or cause to be retained, the notary public's journal and inform the
				  attorney general of the location of the journal.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-18 - Loss, misplacement, or theft of notary public certificate, notary seal, or journal

Current through June, 2024
Within ten days after loss, misplacement, or theft of the
					 notary public's notary seal or journal or both, a notary public shall transmit
					 written notification to the attorney general of the loss, misplacement, or
					 theft. The notary public also shall inform the appropriate law enforcement
					 agency in the case of theft and deliver a copy of the law enforcement agency's
					 report of the theft to the attorney general. Failure to comply with this
					 section shall result in an administrative fine of $20.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 2 - APPLICATIONS › Section 5-11-21 - Application for notary public commission

Current through June, 2024
(a) Each
				  applicant for a notary public commission shall complete and file an application
				  with the attorney general. A completed application shall include:
(1) A non-refundable application
				  fee;
(2) A letter of character
				  recommendation from a person residing in this State, who is not a relative or
				  an employer of the applicant and who can attest to the applicant's honesty,
				  trustworthiness, financial integrity, and moral character; and
(3) A letter of justification from the
				  applicant's employer or, if the applicant is self-employed, from the applicant,
				  explaining in detail the reasons why the commission is being sought.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 2 - APPLICATIONS › Section 5-11-22 - Action on application

Current through June, 2024
(a) Unless
				  otherwise provided by law, the attorney general shall take the following
				  actions within six months after the filing of a complete application for a
				  commission:
(1) If the attorney general deems
				  appropriate, conduct an investigation of the applicant; and
(2) After completing any necessary
				  investigation, provide written notification to the applicant of the status of
				  the application for a commission. If the application is denied, written
				  notification of the denial shall state the reason for denying the application
				  and shall inform the applicant of the right to a hearing in accordance with
				  chapter
				  91, HRS, and chapter
				  5-1.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 2 - APPLICATIONS › Section 5-11-23 - Application for renewal of notary public commission

Current through June, 2024
(a) Each notary public shall be responsible
				  for timely renewing the notary public's commission and satisfying the renewal
				  requirements provided by law. A completed renewal application received by the
				  attorney general within sixty calendar days prior to the expiration of the
				  notary public's current commission shall be considered timely filed.
(b) At the time of commission renewal, each
				  notary public shall submit a completed renewal application, pay all applicable
				  fees, and comply with any other requirement provided by law.
(c) The failure to timely renew a commission,
				  the failure to pay all applicable fees, the dishonoring of any check upon first
				  deposit, or the failure to comply with any other requirement may cause the
				  commission to be automatically forfeited.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 3 - EXAMINATIONS › Section 5-11-32 - Examination

Current through June, 2024
(a) No notary public commission shall be
				  issued to any person unless the person pays the examination fee and takes and
				  passes a written examination as prescribed by the attorney general. The minimum
				  passing score is eighty per cent. Failure to obtain a passing score shall
				  result in failure of examination, and no commission shall be issued.
(b) The applicant shall take the examination
				  on the date specified on the notification of approval of the application for a
				  commission and of the scheduled examination date. Failure to take the notary
				  public examination on the scheduled examination date without advance notice, as
				  follows, to the attorney general to reschedule the examination shall require
				  that the applicant submit a new application for a notary public commission with
				  updated supporting letters and also pay a $25 no-show examination fee. The fee
				  to reschedule an examination shall be $15 if an applicant requests to
				  reschedule more than forty-eight hours before the examination. The fee to
				  reschedule an examination shall be $20 if the applicant requests to reschedule
				  less than forty-eight hours before the examination.
(c) The attorney general shall designate the
				  locations and times of the examination.
(d) The attorney general shall notify an
				  applicant in writing of the examination result within thirty calendar days of
				  the examination.
(e) An applicant
				  who fails to attain a passing score may take a reexamination without submitting
				  a new application, provided that the applicant requests, pays the examination
				  fee, and reschedules a reexamination within fourteen calendar days from the
				  date of the notification of the applicant's failure to attain a passing score
				  on the first examination. If the applicant fails to request, pay for, and
				  reschedule a reexamination within the fourteen calendar days, the applicant
				  shall submit a new application and pay the applicable application and
				  examination fees.
(f) An applicant
				  who fails the examination twice shall wait ninety days from the date of the
				  last examination to reapply for a notary public commission.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 3 - EXAMINATIONS › Section 5-11-33 - Examination subject matter

Current through June, 2024
The examination shall test whether applicants have a
					 reasonable knowledge of the general principles and practices of notarial acts,
					 and the laws and rules pertaining to notaries public, including chapter
					 456, HRS, sections
					 502-41
					 to
					 502-74,
					 HRS, and this chapter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 4 - DISCIPLINARY SANCTIONS › Section 5-11-40 - Forfeited commission

Current through June, 2024
(a) The commission
				  of a notary public is forfeited if the notary public knowingly fails to submit
				  a completed renewal application, pay the renewal fee, or complete the
				  processing and filing of a commission for renewal by the date of expiration of
				  the notary public's commission. A failure to renew shall be deemed knowingly if
				  notice of renewal is sent to the last address on file for the notary public and
				  the notary public fails to complete all the requirements of this
				  subsection.
(b) Any person seeking
				  to restore the person's forfeited commission more than one year from the date
				  of expiration of the commission shall reapply as a new applicant for a notary
				  public commission.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 4 - DISCIPLINARY SANCTIONS › Section 5-11-41 - Suspended commission

Current through June, 2024
A notary public commission may be suspended by the attorney
					 general for a period not exceeding ten years. A person whose commission has
					 been suspended pursuant to section 511-39 may apply for reinstatement of the
					 commission upon strict compliance with all terms and conditions imposed by the
					 order of suspension. The application for reinstatement shall be accompanied by
					 all applicable fees. If the person fails to file for reinstatement within
					 thirty days after the end of suspension, the person's commission shall be
					 forfeited.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 4 - DISCIPLINARY SANCTIONS › Section 5-11-42 - Revoked commission

Current through June, 2024
A person whose commission is revoked pursuant to section
					 5-11-39
					 may apply for a new commission, unless the revocation is permanent, after five
					 years from the effective date of the revocation of the commission by filing an
					 application and complying with all current requirements for new
					 applicants.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 5 - FEES AND ADMINISTRATIVE FINES › Section 5-11-46 - Fees and administrative fines

Current through June, 2024
(a) Pursuant to
				  section
				  456-9,
				  HRS, the attorney general shall charge and collect the following fees, which
				  shall be nonrefundable:
(1) Application for
				  notary public commission, $2 0;
(2)
				  Application for renewal of notary public commission, $20;
(3) Application for restoration of forfeited
				  commission, $10;
(4) Application
				  for reinstatement of suspended commission, $10;
(5) Issuance of notary public commission,
				  $100;
(6) Renewal of notary public
				  commission, $100;
(7) Each
				  examination, $10;
(8)
				  Administrative fee to process and catalogue notary public journals,
				  $10;
(9) Restoration of forfeited
				  commission, $80;
(10) Change in
				  name, employer, residential, or business address, telephone number, or judicial
				  circuit, $10;
(11) Notary public
				  manual, $3 if the manual is picked up at the notary public office or $5 if the
				  manual is to be mailed;
(12)
				  Certification of each notarial transaction from a notary public's journal in
				  the disposition of the attorney general, $5 per notarial transaction;
(13) Copying, per printed page, 25
				  cents;
(14) Replacement commission
				  certificate, $10;
(15) Request to
				  reschedule examination more than forty-eight hours before the examination,
				  $15;
(16) Request to reschedule
				  examination less than forty-eight hours before the examination, $2 0;
(17) Administrative fee to process returned
				  documents from the court, $15;
(18)
				  Application for remote online notary public commission, $20;.
(19) Application for renewal of remote online
				  notary public commission, $20;
(20)
				  Issuance of remote online notary public commission, $100;
(21) Renewal of remote online notary public
				  commission, $100;
(22)
				  Administrative fee to process and catalogue audiovisual recordings, $10;
				  and
(23) Any other fees or charges
				  referenced in chapter
				  456, HRS, or this chapter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 6 - PRACTICE AND PROCEDURE › Section 5-11-51 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for notaries public
					 shall be as provided in chapter
					 5-1, the rules of practice and
					 procedure for administrative process of the department of the attorney
					 general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 6 - PRACTICE AND PROCEDURE › Section 5-11-52 - Notification of denial of application for commission or renewal, or of proposed disciplinary action

Current through June, 2024
In the event an application for commission or renewal is
					 denied, or a notary public is to be disciplined, the attorney general shall
					 provide written notification to the applicant or notary public of the attorney
					 general's intended action, which shall include a concise statement of the
					 reasons therefor and a statement informing the applicant or notary public of
					 the right to a hearing if the applicant or notary public so
					 desires.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 6 - PRACTICE AND PROCEDURE › Section 5-11-53 - Demand for a hearing

Current through June, 2024
Any person whose application is denied, or notary public
					 who is to be disciplined by the attorney general, shall be entitled to a
					 hearing if a demand for hearing is filed with the attorney general within sixty
					 days of the date of the letter informing the applicant or notary public of the
					 denial of application, or intent to discipline the notary public,
					 respectively.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 6 - PRACTICE AND PROCEDURE › Section 5-11-54 - Proceedings upon demand for a hearing

Current through June, 2024
If a demand for a hearing is filed within sixty days of the
					 date of the denial or intent to discipline, the attorney general shall order a
					 hearing pursuant to chapter
					 91, HRS, and chapter
					 5-1.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 6 - PRACTICE AND PROCEDURE › Section 5-11-55 - Exceptions

Current through June, 2024
If any requirement of this chapter results in undue
					 hardship for the applicant or notary public, the attorney general may, upon
					 written request from the applicant or notary public, grant an exception to that
					 requirement if the attorney general determines such action to be in the best
					 interest of the State.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-61 - Authority to perform remote online notarization

Current through June, 2024
No person shall perform notarial acts for remotely located
					 individuals or advertise or represent oneself as a notary public who is able to
					 do so, without a current commission as a remote online notary public obtained
					 from the attorney general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-62 - Application for a remote online notary public commission

Current through June, 2024
(a) Only
				  a notary public with an active commission may apply for a remote online notary
				  public commission.
(b) Each
				  applicant for a remote online notary public commission shall complete and file
				  with the attorney general an application for commission of remote online notary
				  public. In addition to the information required under section
				  5-11-21(b),
				  a completed application shall include:
(1) A
				  non-refundable application fee;
(2)
				  The applicant's email address;
(3)
				  The applicant's notary public commission number;
(4) A description of the communication
				  technologies and devices that the applicant intends to use to perform remote
				  online notarization;
(5) The name,
				  address, and website address of any vendors or other persons that will directly
				  supply to the notary public the technologies and devices that the notary public
				  intends to use;
(6) A description
				  of the data storage methods to maintain a secure backup of electronic journals
				  and audiovisual recordings;
(7) A
				  statement certifying that the applicant has obtained a digital certificate from
				  a qualified certificate authority or a trusted service provider to be used by
				  the applicant in performing remote online notarizations; and
(8) A statement of compliance that the
				  technologies named in the application are fully compliant with chapter
				  456, HRS, and this chapter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-63 - Action on application for remote online notary public commission

Current through June, 2024
(a) Unless otherwise provided by law, the
				  attorney general shall take the following actions within six months after the
				  filing of a complete application for a commission as an online notary public:
(1) If the attorney general deems
				  appropriate, conduct an investigation of the applicant; and
(2) After completing any necessary
				  investigation, provide written notification to the applicant of the status of
				  the application for a commission. If the application is denied, written
				  notification of the denial shall state the reason for denying the application
				  and shall inform the applicant of the right to a hearing in accordance with
				  chapter
				  91, HRS, and chapter
				  5-1.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-64 - Remote online notary public examination

Current through June, 2024
No remote online notary public commission shall be issued
					 to any notary public unless the notary public pays the examination fee and
					 takes and passes an examination specific to notarization of remotely located
					 individuals as prescribed by the attorney general and pursuant to the
					 requirements of section
					 5-11-32.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-65 - Remote online notary public commission

Current through June, 2024
The attorney general shall commission a notary public to
					 perform remote online notarization, provided that no remote online notary
					 public commission shall be in effect, nor shall a notary public perform remote
					 online notarization unless, in addition to the requirements of sections 5-11-62
					 and 5-11-64, the notary public:
(1)
				  Files a literal or photostatic copy of the notary public's remote online notary
				  public commission issued by the attorney general with the clerk of the circuit
				  court of the circuit in which the remote online notary public resides within
				  thirty days of the receipt of the commission; and
(2) Submits to the attorney general a
				  tangible copy of the notary public's electronic seal and electronic
				  signature.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-66 - Term of commission as remote online notary public

Current through June, 2024
A remote online notary public's commission to perform
					 notarial acts for remotely located individuals shall expire on the same date as
					 the notary public's commission.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-67 - Application for renewal of remote online notary public commission

Current through June, 2024
(a) Each remote online notary public shall be
				  responsible for timely renewing the remote online notary public's commission
				  and satisfying the renewal requirements provided by law. A completed renewal
				  application to perform remote online notarial acts received by the attorney
				  general within sixty calendar days prior to the expiration of the notary
				  public's current commission shall be considered timely filed.
(b) At the time of commission renewal as a
				  remote online notary public, each remote online notary public shall submit a
				  completed renewal application, pay all applicable fees, and comply with any
				  other requirement provided by law.
(c) The failure to timely renew a commission
				  as a remote online notary public, the failure to pay all applicable fees, the
				  dishonoring of any check upon first deposit, or the failure to comply with any
				  other requirement may cause the commission to be automatically
				  forfeited.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-68 - Means of performing a remote online notarial act

Current through June, 2024
(a) A remote online notary public located in
				  the State may perform a notarial act for remotely located individuals only if
				  the remotely located individual personally appears before the remote online
				  notary public at the time of the notarization.
(b) A remotely located individual may comply
				  with the requirement to appear personally before a remote online notary public
				  by appearing before the remote online notary public by means of communication
				  technology.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-69 - Identity proofing

Current through June, 2024
(a) If a remote
				  online notary public does not have satisfactory evidence of the identity of a
				  remotely located individual, the remote online notary public shall reasonably
				  verify the remotely located individual's identity through two different types
				  of identity proofing consisting of a multi-factor authentication procedure as
				  provided in this section. The procedure shall analyze the remotely located
				  individual's identity credential against trusted third-person data sources,
				  bind the remotely located individual's identity to the remotely located
				  individual following successful knowledge-based authentication, and permit the
				  remote online notary public visually to compare the identity credential and the
				  remotely located individual.
(b)
				  The analysis of the identity credential and the knowledge-based authentication
				  shall conform to the following requirements:
(1) Credential analysis. The analysis of an
				  identity credential shall use public or private data sources to confirm the
				  validity of the identity credential presented by a remotely located individual
				  and shall, at a minimum:
(A) Use automated
				  software processes to aid the remote online notary public in verifying the
				  identity of each remotely located individual;
(B) Require that the identity credential
				  passes an authenticity test, consistent with sound commercial practices that
				  use appropriate technologies to confirm the integrity of visual, physical, or
				  cryptographic security features and to confirm that the identity credential is
				  not fraudulent or inappropriately modified;
(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
				  identity credential details; and
(D) Enable the remote online notary public
				  visually to compare for consistency the information and photograph on the
				  identity credential and the remotely located individual as viewed by the remote
				  online notary public in real time through communication technology;
				  and
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-70 - Other methods of identity verification

Current through June, 2024
A remote online notary public has satisfactory evidence of
					 the identity of a remotely located individual if the remote online notary
					 public has personal knowledge, as defined in paragraph (1), of the identity of
					 the remotely located individual or if the remote online notary public has
					 satisfactory evidence of the identity of the remotely located individual by
					 oath or affirmation of a credible witness, as defined in paragraph (2),
					 appearing before the remote online notary public.
(1) Personal knowledge. A remote online
				  notary public has personal knowledge of the identity of the remotely located
				  individual appearing before the remote online notary public if the remotely
				  located individual is personally known to the remote online notary public
				  through dealings sufficient to provide reasonable certainty that the remotely
				  located individual has the identity claimed; or
(2) Credible witness. To be a credible
				  witness, the witness shall have personal knowledge of the remotely located
				  individual who has made a statement in or executed a signature on the record
				  that is the subject of the notarial act. The remote online notary public shall
				  have personal knowledge of the credible witness or shall have verified the
				  identity of the credible witness under section 5-11-69. A credible witness may
				  be a remotely located individual if the remote online notary public, credible
				  witness, and remotely located individual whose statement or signature is the
				  subject of the notarial act can communicate by using communication
				  technology.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-71 - Standards for communication technology

Current through June, 2024
(a) A remote online
				  notary public may not perform a notarial act for a remotely located individual
				  unless the technology identified by the remote online notary public satisfies
				  all of the following:
(1) Provides continuous
				  synchronous audiovisual feeds;
(2)
				  Provides sufficient video resolution and audio clarity to enable the remote
				  online notary public and remotely located individual to see and speak with each
				  other simultaneously through live, real-time transmission;
(3) Provides sufficient captured-image
				  resolution for identity proofing;
(4) Provides a means of authentication that
				  reasonably ensures only authorized parties have access to the audiovisual
				  record of the performed notarial act;
(5) Provides for the recording of the remote
				  online notarial act in compliance with this chapter in sufficient quality to
				  ensure the verification of the remote online notarial act;
(6) Ensures that any change to or tampering
				  with an electronic record is evident after the electronic notary signature and
				  notary seal have been affixed and the remote online notarial act has
				  been;
(7) Provides confirmation
				  that the electronic record presented is the same electronic record
				  notarized;
(8) Provides the notary
				  public with a means of electronically affixing the notary public's notary seal,
				  signature, and notarial certificate to the notarized document based on an
				  electronic technology standard that utilizes public key infrastructure (PKI)
				  technology from a PKI service provider that is X.50 9 compliant;
(9) Provides an electronic-format notary
				  journal that complies with the provisions of chapter
				  456, HRS, and this chapter to
				  document the remote online notarial acts;
(10) Provides that if a remotely located
				  individual shall exit the workflow or if the workflow is interrupted for any
				  reason, the remotely located individual shall restart the identity verification
				  process under section 5-11-69 or 5-11-70 from the beginning; and
(11) Provides security measures the attorney
				  general deems reasonable to prevent unauthorized access to:
(A) The live transmission of the audiovisual
				  communication;
(B) A recording of
				  the audiovisual communication;
(C)
				  The verification methods and credentials used in the identity proofing
				  procedure;
(D) The electronic
				  records presented for online notarization; and
(E) Any personally identifiable information
				  used in the identity proofing.