reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.20 - More Frequent Installment Escrow Deposits for Certain Non-Participating Manufacturers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). A
				  Certificate of Compliance must be transmitted to OAL by 10-25-2004 pursuant to
				  Revenue and Taxation Code section
				  30165.1
				  or emergency language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2004, No.
				  49).
3. Certificate of Compliance as to 4-26-2004 order, including
				  amendment of subsection (a), transmitted to OAL 10-22-2004 and filed 12-6-2004
				  (Register 2004, No. 49).
4. Amendment of subsection (a) filed 4-11-2011
				  as an emergency; operative 4-11-2011 (Register 2011, No. 15). A Certificate of
				  Compliance must be transmitted to OAL by 10-10-2011 or emergency language will be
				  repealed by operation of law on the following day.
5. Amendment of
				  subsection (a) refiled 10-7-2011 as an emergency; operative 10-7-2011 (Register
				  2011, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-5-2012 or
				  emergency language will be repealed by operation of law on the following
				  day.
6. Amendment of subsection (a) refiled 1-3-2012 as an emergency;
				  operative 1-5-2012 pursuant to Government Code section
				  11343.4(b)
				  (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by
				  4-5-2012 or emergency language will be repealed by operation of law on the following
				  day.
7. Certificate of Compliance as to 1-3-2012 order transmitted to OAL
				  3-26-2012 and filed 5-7-2012 (Register 2012, No. 19).
8. Repealer filed
				  5-19-2022; operative 7-1-2022 pursuant to Government Code section
				  11343.4(a)
				  (Register 2022, No. 20). Transmission deadline specified in Government Code section
				  11346.4(b)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
				  calendar days pursuant to Executive Order N-71-20. Filing deadline specified in
				  Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order
				  N-40-20.
Note: Authority cited: Sections
					 30165.1(h)
					 and
					 30165.1(o),
					 Revenue and Taxation Code. Reference: Sections
					 30165.1(g)
					 and
					 30165.1(h),
					 Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.22 - Duties and Defenses of California Distributors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every Distributor shall maintain, for a period
				of five (5) years, and make available to the Attorney General all invoices and
				documentation of sales and any other information relied upon in reporting to the
				Attorney General and as further specified in section
				999.19.
(b) In order to have the defense described in
				Revenue and Taxation Code section
				30165.1,
				subdivision (i)(2), a Distributor shall, at the time of the violation:
(1) possess a copy of the Attorney General's
				Office most recent written acknowledgment of receipt of the certification required
				as a condition of including the Brand Family on the Directory; and
(2) have verified that the Brand Family was listed
				on the Directory
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.23 - Applying for Relisting of Brand Families and Tobacco Product Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a Tobacco Product Manufacturer or its Brand Families have been
				  removed from the Directory, the Tobacco Product Manufacturer may apply for relisting
				  by:
(a) complying with all of the
				certification requirements of 999.16, 999.17, 999.18, and 999.21, and
(b) submitting the following documentation:
(1) Written confirmation from all Distributors to
				which the Tobacco Product Manufacturer's Cigarettes were sold that the Tobacco
				Product Manufacturer has reimbursed those Distributors for the cost to the
				Distributors of the Cigarettes or tobacco product to which the stamp or meter
				impression was affixed, or the tax paid, during the removal period;
(2) Written confirmation from the Escrow Agent of
				the amounts held on deposit and any other account information required to enable the
				Attorney General to determine that all escrow deposits required pursuant to Health
				and Safety Code section
				104557
				for the Brand Family removed from the Directory have been deposited into a Qualified
				Escrow Fund; and
(3) Written
				confirmation that any outstanding final judgments, including interest thereon, for
				violations of Article 3 (commencing with section
				104555) of Chapter 1 of Part 3 of
				Division 103 of the Health and Safety Code have been fully satisfied for the
				Non-Participating Manufacturer and Brand Family removed from the
				Directory.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.24 - Waiver of Sovereign Immunity by Manufacturers and Importers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every manufacturer
				and every importer of Cigarettes for sale in California must either waive any
				sovereign immunity defense to enforcement by the Attorney General or CDTFA of
				Division 8.6 (commencing with section
				22970) of the Business and Professions
				Code, sections
				104555
				to
				104557,
				inclusive, of the Health and Safety Code, Part 13 (commencing with section
				30001) of Division 2 of the Revenue and
				Taxation Code, and regulations adopted to implement those statutes, or file a surety
				bond conditioned upon the performance by the manufacturer or importer of all its
				duties and obligations under those laws and regulations. The form and manner of any
				such waiver of sovereign immunity and surety bond must be acceptable to the Attorney
				General. If directed by the Attorney General, the manufacturer or importer shall
				include with its fully executed waiver a legal opinion from an attorney confirming
				that the person or persons executing the waiver have the requisite authority to
				waive the manufacturer's or importer's sovereign immunity defenses and that the
				waiver is effective and valid under all applicable federal, state, tribal and
				foreign laws.
(b) Every manufacturer and
				importer that may potentially assert tribal sovereign immunity defenses, or that is
				so directed by the Attorney General, shall complete a JUS-TOB9 in order to waive
				sovereign immunity defenses. Manufacturers and importers that may potentially assert
				tribal sovereign immunity defenses include companies where any of the following is
				true:
(1) the business is owned by a Native
				American tribe;
(2) the business is
				chartered by a Native American tribe;
(3) the business is operated for the benefit of a
				Native American tribe; or
(4) the
				business is an "arm" of a Native American tribe.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.26 - Surety Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Newly
				qualified NPMs and NPMs that are elevated-risk, as set forth below, must post surety
				bonds pursuant to Revenue and Taxation Code section
				30165.1(c)(4).
				Surety bonds executed by manufacturers and importers pursuant to Business and
				Professions Code section
				22979
				or Revenue and Taxation Code section
				30165.1
				must be issued by a surety corporation that is authorized to conduct business in
				this state. Business and Professions Code section
				22979
				requires manufacturers and importers that chose not to waive sovereign immunity
				defenses to post a surety bond in lieu of a waiver.
(b) A Non-Participating Manufacturer may be deemed
				to pose an elevated risk of non-compliance if:
(1)
				The Non-Participating Manufacturer or any affiliate has failed to deposit the full
				amount due on a tobacco escrow obligation with respect to any state at any time
				within the past three (3) calendar years unless either of the following occur:
(A) The manufacturer did not underdeposit
				knowingly or recklessly and the manufacturer promptly cured the underdeposit within
				180 days of notice of it; or
(B) The
				underdeposit or lack of deposit is the subject of a good faith dispute as documented
				to the satisfaction of the Attorney General and the underdeposit is cured within 180
				days of entry of a final order establishing the amount of the required escrow
				deposit.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.27 - Reasonable Assurances of Compliance and Compliance by Delivery Sellers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-11-2011 as an emergency; operative 4-11-2011 (Register 2011, No. 15). A
				  Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  New section, including amendment of NOTE, refiled 10-7-2011 as an emergency;
				  operative 10-7-2011 (Register 2011, No. 40). A Certificate of Compliance must be
				  transmitted to OAL by 1-5-2012 or emergency language will be repealed by operation
				  of law on the following day.
3. New section, including amendments,
				  refiled 1-3-2012 as an emergency; operative 1-5-2012 pursuant to Government Code
				  section
				  11343.4(b)
				  (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by
				  4-5-2012 or emergency language will be repealed by operation of law on the following
				  day.
4. Repealed by operation of Government Code section
				  11346.1(g)
				  (Register 2012, No. 19).
Note: Authority cited: Sections
					 30165.1(h)
					 and
					 30165.1(o),
					 Revenue and Taxation Code. Reference: Sections
					 30101.7(d),
					 30165.1(c)(2)(C) and
					 30165.1(c)(2)(E),
					 Revenue and Taxation Code; Section
					 22980.1,
					 Business and Professions Code; and Chapter 10A (commencing with Section
					 375) of Title 15 of the United States
					 Code, including specifically 15
					 U.S.C. Sections 376a(a)(3),
					 376a(a)(4) and
					 376a(d).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.28 - Reasonable Assurances of Compliance by Non-Participating Manufacturers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-11-2011 as an emergency; operative 4-11-2011 (Register 2011, No. 15). A
				  Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  New section, including amendment of NOTE, refiled 10-7-2011 as an emergency;
				  operative 10-7-2011 (Register 2011, No. 40). A Certificate of Compliance must be
				  transmitted to OAL by 1-5-2012 or emergency language will be repealed by operation
				  of law on the following day.
3. New section, including amendment of NOTE,
				  refiled 1-3-2012 as an emergency; operative 1-5-2012 pursuant to Government Code
				  section
				  11343.4(b)
				  (Register 2012, No. 1). A Certificate of Compliance must be transmitted to OAL by
				  4-5-2012 or emergency language will be repealed by operation of law on the following
				  day.
4. Repealed by operation of Government Code section
				  11346.1(g)
				  (Register 2012, No. 19).
Note: Authority cited: Sections
					 30165.1(h)
					 and
					 30165.1(o),
					 Revenue and Taxation Code. Reference: Sections
					 30165.1(c)(2)(C) and
					 30165.1(c)(2)(E),
					 Revenue and Taxation Code; Chapter 10A (commencing with Section
					 375) of Title 15 of the United States
					 Code, including specifically 15
					 U.S.C. Section 376a(a)(3),
					 376a(a)(4) and
					 376a(d).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16.5 - Fire Standard Compliant Cigarettes › Section 999.30 - Fire Standard Compliant Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions
The following definitions apply to this section.
(1) "FSC Cigarette(s)" shall have the same meaning
				as cigarette in Health and Safety Code section
				14950(b)(1). FSC
				Cigarettes do not include Roll-Your-Own tobacco as defined in section
				999.10, subdivision (b)(37).
(2) "FSC Manufacturer" shall have the same meaning
				as manufacturer in Health and Safety Code section
				14950(b)(4).
(3) "FSC Mark(ed)" and "FSC Marking" shall mean
				FSC Cigarettes marked in accordance with section
				14954 of the Health and Safety
				Code.
(4) "FSC Test(ed)" and "FSC
				Testing" shall mean FSC Cigarettes that satisfy the testing requirements of section
				14952 of the Health and Safety
				Code.
(5) "JUS-TOB8" means the Brand
				List form (JUS-TOB8, Rev. 02/2023), which is hereby incorporated by
				reference.
(6) "JUS-TOB15" means the
				California Fire Standard Compliant Certification (JUS-TOB15, Orig. 02/2023) form,
				which is hereby incorporated by reference.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 17 - Attorney General Regulations Regarding Health Care Districts Under Health and Safety Code Sections 32121 and 32126 › Section 999.40 - Report of Transaction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to Health and Safety Code sections
				32121
				and
				32126, a
				health care district shall report to the Attorney General, within 30 days of any
				transfer or lease of district assets to one or more corporations, the type of
				transaction and the entity (including the address and telephone number) to whom the
				assets were transferred or leased.
(b)
				For purposes of giving notice to the Attorney General pursuant to subdivision (a),
				all reports shall be submitted in writing to the office listed below which is
				located nearest to the principal office of the health care district on whose behalf
				the notice is submitted.
ATTORNEY GENERAL, CHARITABLE TRUSTS SECTION
455 GOLDEN GATE AVENUE, SUITE 11000
SAN FRANCISCO, CALIFORNIA 94102-7004
ATTORNEY GENERAL, CHARITABLE TRUSTS SECTION
300 SOUTH SPRING STREET
LOS ANGELES, CALIFORNIA 90013-1230
ATTORNEY GENERAL, CHARITABLE TRUSTS SECTION
1300 I STREET
P.O. BOX 944255
SACRAMENTO, CALIFORNIA 94244-2550
(c) The written report shall be deemed filed with
				the Attorney General when the report is received at the Office of the Attorney
				General with the information required by subdivision (a).
1. New chapter 17
				  (section 999.40) and section filed 2-2-2007;
				  operative 3-4-2007 (Register 2007, No. 5).
Note: Authority cited: Sections
					 32121(p)(12)
					 and
					 32126(c),
					 Health and Safety Code. Reference: Sections
					 32121(p)(12)
					 and
					 32126(c),
					 Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 1 - Scope › Section 999.100 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Chapter shall
				  be known as Department of Justice (DOJ) regulations for Electronic Recording
				  Delivery System (ERDS) and is referred to as these regulations.
(b) These regulations establish guidelines,
				  procedures, and standards following the enactment of the Electronic Recording
				  Delivery Act (ERDA) of 2004, which authorizes a County Recorder, upon approval by
				  resolution of the Board of Supervisors and system certification by the ERDS Program,
				  to establish an ERDS for the delivery, and, when applicable, return of specified
				  digitized and digital electronic records, subject to specified conditions, including
				  system certification, regulation, and oversight by the ERDS Program.
(c) These regulations may not be construed to
				  administer the processes or procedures relating to the business of a County
				  Recorder.
(d) These regulations do not
				  address prevention for tampering or fraudulent documents prior to transmitting into
				  or after retrieving from an ERDS.
(e)
				  The Attorney General finds that this Chapter is consistent with the Electronic
				  Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001,
				  et seq., and 47 U.S.C. Section
				  231) as contemplated in Section
				  7002(a)(2)(A). As
				  provided in the Electronic Signatures in Global and National Commerce Act (E-SIGN),
				  these regulations do not require, or accord greater legal effect to, the
				  implementation or application of a specific technology or technical specification
				  for performing the functions of creating, storing, generating, receiving,
				  communicating, or authenticating electronic signatures. The performance standards
				  specified in this Chapter are to assure the accuracy, record integrity, and
				  accessibility of records delivered by a participating County Recorder via an
				  ERDS.
1. New chapter 18
					 (articles 1-9, sections
					 999.100-999.223), article 1 (sections
					 999.100-999.101) and section filed
					 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Sections
						27393 and
						27399(a),
						Government Code. Reference: Sections
						27391(a),
						27392(a),
						27393(a),
						27393(b),
						27393(c)
						and
						27399,
						Government Code; 15 U.S.C.
						Sections 7001, et seq.; and
						47 U.S.C. Sections
						231 and
						7002(a)(2)(A).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 1 - Scope › Section 999.101 - ERDS Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Information provided on documentation submitted to the ERDS
					 Program shall be exempt from disclosure to ensure that an individual's right to
					 privacy is enforced and that confidential information is protected from threat of
					 potential risk in the indiscriminate collection, maintenance, and dissemination of
					 that information.
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)
						and
						27393(b)(11),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 1 - Scope › Section 999.102 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any article, section, subsection, sentence, clause or phrase
					 of these regulations contained in this Chapter is for any reason held to be
					 unconstitutional, contrary to statute, exceeding the authority of the Attorney
					 General, or otherwise inoperative, such decision shall not affect the validity of
					 the remaining portion of these regulations.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No.
					 31).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27390 and
						27393,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 3 - Fees › Section 999.114 - Vendor of ERDS Software Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Vendor seeking approval of software and other services as part of an ERDS shall be
				  charged a fee for initial certification and a renewal certification fee every three
				  years. These fees may be increased at a rate not to exceed the legislatively
				  approved cost-of-living adjustment for the DOJ. The ERDS Program non-refundable fees
				  for certification of a Vendor of ERDS Software are as follows:
(1) Initial certification by the ERDS Program is
				  $500.
(2) Renewal certification by the
				  ERDS Program is $300.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 3 - Fees › Section 999.115 - System Administration Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A County Recorder establishing an ERDS shall
				  pay for the direct cost of regulation and oversight by the ERDS Program. A System
				  Administration Fee, developed in consultation with the interested County Recorders,
				  has been established to meet this requirement.
(b) On an annual basis, the System Administration
				  Fee shall be computed based on all of the following:
(1) DOJ's estimated annual costs.
(2) The number of counties participating in the
				  System Administration Fee.
(3) The total
				  documents recorded and filed by the participating counties as reported to the Office
				  of the Insurance Commissioner pursuant to Section
				  27296 of the
				  Government Code, for the previous calendar year.
(4) A percentage figure will be calculated by
				  dividing the total documents recorded per participating county by the total
				  documents recorded for all participating counties.
(5) The percentage figure by county is applied to
				  the estimated annual costs of the ERDS Program to arrive at each participating
				  county's figure.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 4 - Fingerprinting and Criminal Record Checks › Section 999.122 - Role-Based Fingerprinting Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following ERDS roles assigned Secure
				  Access require the submission of fingerprints to the DOJ, and require clearance
				  based on the state and federal criminal record checks, prior to the individual
				  serving in the role as an/a:
(1) Authorized
				  Submitter or Agent that has entered into a contract with a County Recorder and
				  submits directly to an ERDS.
(2)
				  Computer Security Auditor.
(3) County
				  Recorder Designee.
(4) ERDS Account
				  Administrator.
(5) ERDS System
				  Administrator.
(6) An individual who is
				  granted Physical Access to an ERDS server.
(7) Certified Vendor of ERDS Software personnel
				  who support and/or act on behalf of the Certified Vendor of ERDS Software.
(8) Developer.
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 999.128 - Basis for the Baseline Requirements and Technology Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To meet the intent of the ERDA, the minimum
				  standards and guidelines established within this chapter are based on information
				  security "best practices" designed to offer a layered security approach through the
				  use of the following security objectives: Confidentiality, Integrity, and
				  Availability.
1. New article 5
					 (sections 999.128-999.154) and 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: Section
						27393(b),
						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 999.129 - Standards and Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Standards and guidelines contained in this chapter are based on
					 NIST and FIPS publications, including: NIST Special Publication 800-88 Revision 1,
					 Guidelines for Media Sanitization (publication date, December 2014); FIPS 180-4,
					 Secure Hash Standard (SHS) (publication date, August 2015); FIPS 140-2, Security
					 Requirements for Cryptographic Modules (publication date, May 2001, as amended by
					 change notice issued, December 2002); FIPS 197, Advanced Encryption Standard (AES)
					 (publication date, November 2001); FIPS 198-1, The Keyed-Hash Message Authentication
					 Code (HMAC) (publication date, July 2008); NIST Special Publication 800-63-3,
					 Digital Identity Guidelines (publication date, June 2017); NIST Special Publication
					 800-70 Revision 4, National Checklist Program for IT Products -- Guidelines for
					 Checklist Users and Developers (publication date, February 2018); FIPS 186-4,
					 Digital Signature Standard (DSS) (publication date, July 2013); NIST Special
					 Publication 800-52 Revision 1, Guidelines for the Selection, Configuration, and Use
					 of Transport Layer Security (TLS) Implementations (publication date, April 2014);
					 FIPS 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions
					 (publication date, August 2015). These standards and guidelines are incorporated by
					 reference herein. The ERDS Program shall make available any update, revision, or
					 replacement of a standard or guideline cited in this provision.
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).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Section
						27393(b),
						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 999.130 - Instrument Type. [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: Section
						27393,
						Government Code. Reference: Sections
						27393(b)(2),
						27397.5(a)
						and
						27397.5(a),
						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 999.131 - Operating Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  County Recorder shall have ERDS operating procedures prepared, maintained, and
				  followed that explain the proper operation, management, administration, content
				  restrictions, and use of their ERDS.
(b)
				  The County Recorder shall establish ERDS operating procedures and/or incorporate
				  features within the ERDS design in order to restrict the content to meet the
				  requirements of this chapter.
(c) ERDS
				  operating procedures shall be sufficient for a Computer Security Auditor to conduct
				  computer security audits.
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
						27392(a),
						27393,
						27394(c)
						and
						27397.5(a),
						Government Code. Reference: Sections
						27392(a),
						27393,
						27394(c)
						and
						27397.5(a),
						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 999.132 - System Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  ERDS may consist of hardware, software, storage media, and network connections that
				  securely exchange messages and data. The hardware, software, and storage media shall
				  be designated by the County Recorder establishing the ERDS and shall be included in
				  system certifications, audits, local inspections, and reviews.
(b) ERDS shall be designated as "Single-County" or
				  "Multi-County." Single-County ERDS shall be dedicated to serving a single county.
				  Multi-County ERDS shall serve more than one county as established by mutual
				  agreement among County Recorders.
(c) An
				  Authorized Submitter may be granted access to more than one ERDS; however, access to
				  each ERDS shall remain under management control of the County Recorder establishing
				  the ERDS.
(d) ERDS shall have no
				  capabilities to modify, manipulate, insert, or delete information in the public
				  record.
(e) ERDS shall protect the
				  Confidentiality and Integrity of digital and/or digitized records during the process
				  of transmission and storage.
(f) ERDS
				  capable of returning digital and/or digitized records shall meet the requirements
				  established within this chapter.
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
						27392(a)
						and
						27393,
						Government Code. Reference: Sections
						27392(a),
						27393,
						27396(a)
						and
						27397.5(a),
						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 999.133 - Payload Structure, Content and Usage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  ERDS shall contain a payload structure. An ERDS payload structure does not restrict
				  the content within a digital and/or digitized record. A County Recorder shall list
				  any restrictions on content in each contract with an Authorized Submitter. At a
				  minimum, the ERDS payload structure shall contain a component for all of the
				  following:
(1) Uniform Index
				  Information.
(2) One or more digital or
				  digitized records.
(3) Information about
				  the electronic signature of a notary.
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 999.134 - Uniform Index Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A digital or digitized record delivered through an ERDS shall be
					 capable of including Uniform Index Information in the ERDS payload. The County
					 Recorder shall decide on the content of Uniform Index Information.
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: Section
						27393(b)(10),
						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 999.135 - Electronic Signature of a Notary. [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: Section
						27393,
						Government Code. Reference: Section
						27391(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 999.136 - Security Requirements for Data Integrity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All ERDS shall assure submitted documents do
				  not contain content that draws data or images from sources external to the digital
				  and/or digitized record, including, but not limited to malware (such as viruses,
				  worms, Trojan Horses, spyware, or adware) and executable software (such as ActiveX
				  components, JavaScript, Java components, or HTML-encoded hyperlinks).
(b) Active content detected by anti-malware
				  software shall be removed, or if it cannot be removed, disabled as soon as it is
				  detected. Active content that cannot be removed shall be disabled.
(c) All ERDS shall use hashing to protect the
				  Integrity of ERDS payloads. Hashing message digest size shall be a minimum of 224
				  bits. Hashing shall comply with FIPS 180-4, Secure Hash Standard (SHS) (publication
				  date, August 2015) or FIPS 202, SHA-3 Standard: Permutation-Based Hash and
				  Extendable-Output Functions (publication date, August 2015).
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
						27392(b),
						27393(b)(2)
						and
						27397.5(a),
						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 999.137 - Encryption Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  ERDS shall employ encryption, both in transmission and at-rest, until decrypted by
				  the intended recipient to protect the confidentiality of ERDS payloads. Once
				  decrypted by the intended recipient, the security of the contents shall become the
				  responsibility of the intended recipient.
(b) Encryption shall be a minimum of 128
				  bit.
(c) When encryption is employed,
				  the cryptographic modules shall be certified to meet FIPS 140-2, Security
				  Requirements for Cryptographic Modules (publication date May 2001, as amended by
				  change notice issued December 2002).
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of subsections (a)-(a)(1), (b) and (c) filed 8-11-2014; operative
					 10-1-2014 (Register 2014, No. 33).
3. Amendment of section heading and
					 section filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
Note: Authority cited: Section
						27393,
						Government Code. Reference: Sections
						27393(b)
						and
						27397.5,
						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 999.138 - Security Requirements for Computer Workstations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County Recorder shall ensure that all
				  endpoints are secure. As such, workstations used to submit, retrieve, or, when
				  applicable, return ERDS payloads are protected from unauthorized use and access. As
				  a minimum, workstations shall meet all of the following requirements:
(1) Anti-malware software configured to start on
				  system boot-up.
(2) A Licensed and
				  Supported Operating System and application software with the most up-to-date patches
				  and hot-fixes.
(3) Host-based firewall
				  configured to restrict inbound and outbound connections.
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 999.139 - Security Requirements for Computer Media

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fixed and removable disks shall be sanitized
				  as defined in NIST Special Publication 800-88 Revision 1, Guidelines for Media
				  Sanitization (publication date, December 2014), prior to reallocating ERDS hardware
				  or storage media to other purposes.
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(b)(2)
						and
						27397.5,
						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 999.140 - ERDS Identification Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) ERDS shall meet the identification security
				  requirements as follows:
(1) User accounts shall
				  be implemented as part of an authentication and authorization system available to
				  the County Recorder, as an integral part of an ERDS server, or by other means at the
				  discretion of the County Recorder as long as all of the following requirements are
				  met:
(A) Each ERDS account shall be uniquely
				  identified and individually assigned.
(B) Shared user accounts and identity credentials
				  shall be prohibited.
(C) User accounts
				  shall be associated with ERDS roles.
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 999.141 - ERDS Authentication Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) ERDS authentication security requirements
				  shall meet Authenticator Assurance Level (AAL) 2 or higher as defined by NIST
				  Special Publication 800-63-3, Digital Identity Guidelines (publication date, June
				  2017).
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of subsections (a)(2) and (a)(3) 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).
Note: Authority cited: Section
						27393(b),
						Government Code. Reference: Sections
						27393(b)(2)
						and
						27397.5,
						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 999.142 - ERDS Role-Based Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All ERDS shall be required to meet all of the
				  role-based security requirements as follows:
(1)
				  ERDS access shall be controlled by the County Recorder using a role-based access
				  control system. Textual disclaimers or verbal disclaimers alone shall not be
				  sufficient to control access to digital and digitized records under the control of
				  an ERDS. The role-based access control system shall control all of the following
				  characteristics:
(A) Whether or not a session may
				  be established with an ERDS.
(B) Which
				  ERDS payloads will be displayed.
(C)
				  Whether or not ERDS payloads may be submitted, retrieved, and, when applicable,
				  returned.
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 999.144 - ERDS Security Requirements for Network Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An ERDS shall be required to meet all of the
				  network security requirements as follows:
(1) ERDS
				  shall comply with the minimum requirements set forth in NIST Special Publication
				  800-52 Revision 1, Guidelines for the Selection, Configuration, and Use of Transport
				  Layer Security (TLS) Implementations (publication date, April 2014).
(2) Network security controls shall be implemented
				  to prevent unauthorized network traffic from reaching ERDS components.
(3) ERDS components shall be protected from
				  unauthorized network access. Network perimeter security controls shall be
				  implemented to prevent unauthorized network traffic from reaching ERDS components.
				  At a minimum, network devices shall do all of the following:
(A) Employ stateful packet inspection.
(B) Block unauthorized connections by limiting
				  connection attempts addressed to ERDS components to those necessary for ERDS
				  operation.
(C) Be designed and
				  configured to fail securely in the event of an operational failure.
(D) An intrusion detection and prevention
				  technology shall be configured to alert and or prevent intrusion into the
				  ERDS.
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 999.145 - Physical Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the
				  exception of a county data center or an outsourced county data center in which
				  physical access is already managed by security controls, including fingerprinting,
				  the site housing the ERDS server shall be protected from unauthorized physical
				  access. The server shall be locked in a manner that prevents unauthorized physical
				  access.
(b) All ERDS shall be required
				  to meet all of the physical security requirements as follows:
(1) The County Recorder shall ensure precautions
				  are employed to protect the ERDS server, software, and data from theft, damage,
				  and/or unauthorized access or use. Precautions may be defined in the County Recorder
				  ERDS operating procedures or may be established by mutual agreement between the
				  County Recorder and the entity housing the ERDS server.
(2) During audits, the Computer Security Auditor
				  shall be allowed to inspect all access requests and inventory reports that occurred
				  within the two (2)-year period prior to the start of an audit.
(3) During local inspections, an ERDS Program
				  representative shall be allowed to inspect all access requests and inventory reports
				  that occurred within the two (2)-year period prior to the start of a local
				  inspection.
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 999.147 - Proprietary Software

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Computer
				  Security Auditor may not be required to conduct a source code review on any software
				  identified as proprietary by the Certified Vendor of ERDS Software unless such
				  software affects the security of the ERDS.
(b) Prior to conducting a source code review, the
				  County Recorder shall ensure all of the following:
(1) The County Recorder has agreed to allow the
				  Certified Vendor of ERDS Software to include proprietary source code as part of the
				  ERDS.
(2) The Certified Vendor of ERDS
				  Software has identified proprietary source code as part of the ERDS.
(3) The Computer Security Auditor advises the
				  County Recorder that the security of the ERDS cannot be verified without a source
				  code review.
(4) The Computer Security
				  Auditor shall agree to abide by the confidentiality requirements of the Certified
				  Vendor of ERDS Software.
(5) The
				  Certified Vendor of ERDS Software shall agree that the Computer Security Auditor
				  shall reveal any results of the source code review, conclusions as to the security
				  of the ERDS, findings, and recommendations in the audit report.
(6) The County Recorder, Computer Security
				  Auditor, and Certified Vendor of ERDS Software shall all agree on methods for
				  including the results, conclusions, and recommendations about proprietary source
				  code reviews made by the Computer Security Auditor in the audit
				  report.
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 999.148 - Escrow Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) ERDS
				  source code materials shall be placed into an escrow facility approved by the County
				  Recorder when an ERDS is developed for a County Recorder. For each submission, the
				  materials placed in escrow shall be sufficient to maintain the ERDS of every County
				  Recorder that employs those source code materials. Source code materials include,
				  but are not limited to, all of the following:
(1)
				  A copy of all source code materials that implements ERDS functionality.
(2) A copy of the compiler needed to compile the
				  ERDS source code in escrow.
(3)
				  Instructions for installation and use of the ERDS source code compiler.
(4) Instructions that facilitate source code
				  reviews, modification, and/or recompiling the ERDS source 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 999.149 - Deposit of Software Modification into Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Substantive modifications shall require updates to source code
					 materials in escrow.
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(b)(2),
						27393(b)(5)
						and
						27393(c),
						Government Code.