California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 6 - Electronic Recording Delivery System Certification › Section 999.165 - Establishing an ERDS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A County
				  Recorder may establish an ERDS upon approval by the Board of Supervisors and system
				  certification by the ERDS Program.
(b) A
				  County Recorder establishing an ERDS shall include in the County's ERDS a secure
				  method for accepting for delivery, and, when applicable, return of a digital or
				  digitized record.
(c) A County Recorder
				  establishing an ERDS shall be responsible for overall security of an ERDS.
(d) A County Recorder establishing an ERDS shall
				  assign responsibility by contract or agreement to all Authorized Submitters and/or
				  Agents who have Secure Access to that ERDS.
(e) Prior to entering into a contract with an
				  Authorized Submitter described in Government Code Section
				  27391(c)(1),
				  a County Recorder shall require the Authorized Submitter and any Agent submitting
				  documents on behalf of the Authorized Submitter to provide proof of financial
				  responsibility in the form of a certificate of insurance evidencing one million
				  dollars ($1,000,000) of general liability coverage.
(f) A County Recorder shall be responsible for
				  ensuring an ERDS meets the requirements of this chapter.
(g) A County Recorder shall enter into a contract
				  with a Computer Security Auditor, who has a valid Computer Security Auditor
				  Certificate issued by the ERDS Program, for the purpose of meeting the audit and
				  oversight requirements as set forth in this chapter.
(h) A County Recorder shall be required to verify,
				  prior to entering into a contract with a Certified Vendor of ERDS Software, if any,
				  that the vendor has a valid Certified Vendor of ERDS Software Certificate issued by
				  the ERDS Program.
(i) The County
				  Recorder shall be responsible for administering an ERDS and establishing and
				  following ERDS policies and procedures that include all of the following
				  requirements:
(1) Define roles and
				  responsibilities to ensure digital and digitized records are correctly and securely
				  submitted, delivered, and, when applicable, returned to the intended recipients.
				  Textual disclaimers or verbal disclaimers alone shall not be sufficient to control
				  access to digital and digitized records under the control of an ERDS.
(2) Maintain a list of all individuals designated
				  as having Secure Access to operate the ERDS. A copy of the list of all users with
				  Secure Access shall be maintained for review during audits and local
				  inspections.
(3) Ensure users with roles
				  authorized to access and operate the ERDS understand and sign the Acknowledgement of
				  Responsibilities form #ERDS 0012 (Rev. 08/2020), incorporated by reference herein,
				  and that a copy is maintained for review during audits and local
				  inspections.
(4) 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.