reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.410 - Filing of judgments against licensees; scope of liability of recognized certification authority

Current through June 11, 2024
1. A licensee shall file with the Secretary of State a certified copy of each judgment entered against the licensee for damages resulting from any acts of the licensee within the scope of his or her activities as a certification authority.
2. Except as otherwise provided in this chapter, a recognized certification authority is not liable for:
(a) Any damages incurred by a person who relies on a certificate issued by the certification authority, or on any representation contained in the certificate which the certification authority is required to confirm, that exceed any recommended limit of reliance clearly specified in the certificate and in the last certification practice statement filed by the certification authority with the Secretary of State pursuant to this chapter before the reliance occurred.
(b) Any loss caused by the failure of the certification authority to comply with any provision of this chapter regarding the issuance of a certificate, in excess of any recommended limit of reliance specified in the certificate.
(c) Any loss caused by the reliance of a person on a false or forged digital signature of a subscriber identified in a certificate issued by the certification authority if the certification authority complied with all the material requirements of this chapter regarding the certificate. This subsection does not relieve a certification authority from liability for any failure to act in good faith or for the breach of any promise, warranty or certification provided pursuant to NAC 720.480 or 720.490.
(d) Any punitive or exemplary damages resulting from the reliance of a person on a certificate issued by the certification authority.
(e) Any damages for pain and suffering resulting from the reliance of a person on a certificate issued by the certification authority.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.420 - Recognition of foreign license

Current through June 11, 2024
1. The Secretary of State may recognize a foreign license, in whole or in part, if:
(a) The certification authority who holds the foreign license, in addition to complying with any other legal requirements for the transaction of business in this State, submits to the Secretary of State:
(1) An application for the recognition of his or her foreign license;
(2) A certified copy of his or her foreign license; and
(3) The amounts required pursuant to NAC 720.430 and 720.810; and
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.430 - Licensing fees

Current through June 11, 2024
The Secretary of State will charge, in addition to any other amounts required pursuant to this chapter, the following licensing fees:
1. For the issuance or renewal of a license, $1,000.
2. For the recognition of a foreign license, $1,000.
3. For the designation of a repository as a recognized repository, $1,000.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150, 720.180
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.450 - Prerequisites to issuance of certificate to subscriber

Current through June 11, 2024
1. A certification authority may issue a certificate to a subscriber only after the certification authority has:
(a) Received a request for the issuance of a certificate signed by the prospective subscriber; and
(b) Confirmed, which must include requiring a subscriber and the subscriber's agent or agents to certify the accuracy of relevant information under penalty of perjury, that:
(1) The prospective subscriber is the person to be identified in the requested certificate;
(2) The prospective subscriber rightfully holds a private key which:
(I) Is capable of creating a digital signature; and
(II) Corresponds to the public key to be set forth in the requested certificate;
(3) The public key to be set forth in the requested certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber;
(4) The information to be included in the requested certificate is accurate;
(5) The requested certificate provides sufficient information to locate or identify one or more repositories in which the certificate will be stored and, if the certificate is suspended or revoked, notice of the suspension or revocation will be published; and
(6) If the prospective subscriber is acting through one or more agents, the prospective subscriber has:
(I) Authorized the agent or agents to have custody of his or her private key, to request the issuance of a certificate setting forth the corresponding public key and to sign digitally on behalf of the prospective subscriber; and
(II) Ensured that adequate safeguards exist to prevent the creation of a digital signature that exceeds any limitations on the authority of the agent or agents.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.460 - Confirmation of identity of prospective subscriber

Current through June 11, 2024
1. When carrying out the provisions of NAC 720.450 requiring a certification authority to confirm that a prospective subscriber is the person to be identified in a requested certificate, a certification authority shall make such an inquiry into the identity of the prospective subscriber as is reasonable based upon:
(a) Any representations the certification authority will make regarding the reliability of the certificate, including any recommended limit of reliance;
(b) Any recommendations the certification authority will make regarding the use or application of the certificate; and
(c) Whether the certificate will be a transactional certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.470 - Contents of certificate

Current through June 11, 2024
A certificate:
1. Must indicate the date upon which the certificate expires.
2. May include, without limitation, any disclaimers and limitations on obligations, losses or damages to be asserted by the certification authority who issues the certificate.
3. Must comply with the standards for basic certificate fields specified in section 4.1 of the technical standards designated as
X.509, Version 3
, as adopted by reference pursuant to NAC 720.200, except that fields are not required for extensions of data. If fields are used for extensions of data:
(a) The use must conform to the guidelines specified in sections 4.1.2.1 and 4.2 of the technical standards designated as
X.509, Version 3
, as adopted by reference pursuant to NAC 720.200; and
(b) The fields may be displayed on the certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.480 - Warranties, promises and certifications by Secretary of State

Current through June 11, 2024
Except as otherwise provided in NAC 720.610, if the Secretary of State:
1. Issues a certificate, the Secretary of State:
(a) Warrants to the subscriber named in the certificate that the certificate:
(1) Contains no information known by the Secretary of State to be false; and
(2) Satisfies all material requirements of this chapter.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.490 - Warranties, promises and certifications by other certification authorities

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.480 and 720.610, a certification authority:
(a) By issuing a certificate:
(1) Warrants to the subscriber named in the certificate that:
(I) The certificate contains no information known by the certification authority to be false;
(II) The certificate satisfies all material requirements of this chapter; and
(III) The certification authority has not exceeded any limitations on his or her authority in issuing the certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.500 - Certification of authority of person requesting certificate

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.610, by requesting the issuance of a certificate as an agent of the subscriber to be identified in the certificate, the person requesting the certificate certifies to all persons who reasonably rely on the information contained in the certificate that he or she has the legal authority to:
(a) Apply for the issuance of the certificate; and
(b) Sign digitally on behalf of the subscriber and that, if this authority is limited in any way, adequate safeguards exist to prevent the creation of a digital signature that exceeds the limitations on his or her authority.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.510 - Certifications by subscriber

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.610, by accepting a certificate, the subscriber identified in the certificate certifies to all persons who reasonably rely on the information contained in the certificate that:
(a) The subscriber rightfully holds the private key that corresponds to the public key set forth in the certificate;
(b) All representations made by the subscriber to the certification authority who issued the certificate which are material to the information set forth in the certificate are true; and
(c) All material representations included in the certificate and not confirmed by the certification authority are true.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.520 - Indemnification of certification authority for certain losses or damages

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.610, by accepting a certificate, the subscriber identified in the certificate and any agent of the subscriber who requested the issuance of the certificate promise to indemnify the certification authority who issued the certificate for any loss or other damage resulting from the issuance or publication of the certificate in reliance upon any:
(a) Misrepresentation of a material fact by the subscriber or an agent of the subscriber; or
(b) Failure by the subscriber or an agent of the subscriber to disclose a material fact, if the misrepresentation or failure to disclose was negligent or intended to deceive the certification authority or a person relying on the certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.530 - Private key: Promises and property right of subscriber

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, by accepting a certificate, the subscriber identified in the certificate promises to exercise reasonable care to retain control of the corresponding private key and prevent its disclosure to any person who is not authorized to create the digital signature of the subscriber until:
(a) The expiration of the certificate;
(b) Notice of the revocation of the certificate is published pursuant to NAC 720.600; or
(c) One business day after the subscriber has submitted to the certification authority who issued the certificate a written request for the revocation of the certificate and such evidence as is reasonably sufficient to confirm that the person requesting the revocation is the subscriber or an agent of the subscriber who is authorized to make the request, whichever occurs first.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: ISSUANCE AND PUBLICATION › Section 720.540 - Publication of certificate by Secretary of State or licensee

Current through June 11, 2024
1. If the Secretary of State issues a certificate and:
(a) The subscriber accepts the certificate, the Secretary of State will publish a signed copy of the certificate in a recognized repository.
(b) The subscriber does not accept the certificate, the Secretary of State will not publish the certificate or, if the Secretary of State has already published the certificate, will cancel that publication.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.550 - Revocation of certificate not issued in accordance with requirements; suspension to conduct investigation; notification of subscriber

Current through June 11, 2024
1. If a certification authority confirms that a certificate he or she has issued was not issued in accordance with the requirements of NAC 720.450, the certification authority shall immediately revoke the certificate.
2. A certification authority may suspend a certificate he or she has issued for such a period, not to exceed 5 business days, as is necessary for the certification authority to conduct an investigation to confirm any grounds for revocation of the certificate pursuant to subsection 1.
3. A certification authority shall notify the subscriber as soon as practicable after the certification authority determines to suspend or revoke a certificate pursuant to this section.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.560 - Order by Secretary of State to revoke or suspend certificate; notification; compliance with order

Current through June 11, 2024
1. The Secretary of State may:
(a) Order a certification authority to revoke a certificate the certification authority has issued if, after providing the certification authority and subscriber with notice of the proposed order and an opportunity to be heard on the matter, the Secretary of State determines that:
(1) The certificate was issued without substantial compliance with the provisions of this chapter; and
(2) The noncompliance poses a significant risk to persons who may reasonably rely on the certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.570 - Suspension upon request by appropriate person

Current through June 11, 2024
1. Except as otherwise provided in this section, a certification authority shall, within 24 hours after the receipt of all information he or she requires pursuant to this subsection, suspend a certificate the certification authority has issued, for not more than 5 business days, if the suspension is requested by a person whom the certification authority reasonably believes to be an appropriate person. The certification authority is not required to confirm that the person requesting the suspension is an appropriate person, but may require the person to provide evidence, which may include a statement given under oath or affirmation, that the person is an appropriate person.
2. A person who requests the suspension of a certificate pursuant to subsection 1 shall not misrepresent his or her identity or authority to request the suspension.
3. The subscriber identified in a certificate may agree with the certification authority who issues the certificate to limit or preclude the suspension of the certificate pursuant to subsection 1, except that such an agreement is effective only if notice of the agreement is published in the certificate or in the certification practice statement of the certification authority.
4. A certification authority may not suspend a transactional certificate pursuant to this section.
5. As used in this section, "appropriate person" means the subscriber named in a certificate or a person authorized to act on his or her behalf.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.580 - Termination of requested suspension

Current through June 11, 2024
Except as otherwise agreed by a subscriber and certification authority, the certification authority shall terminate the suspension of a certificate pursuant to NAC 720.570 if:
1. The termination is requested by a person who the certification authority confirms is the subscriber named in the suspended certificate or an agent of the subscriber who is authorized to request the termination; or
2. The certification authority discovers and confirms that the request for suspension was made without the authorization of the subscriber. This subsection does not require a certification authority to confirm a request for the suspension of a certificate pursuant to NAC 720.570.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.590 - Revocation of certificate by certification authority upon receipt of request or certain information

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a certification authority shall revoke a certificate he or she has issued:
(a) Within 1 business day after the certification authority receives:
(1) A written request for the revocation from the subscriber named in the certificate or an agent of the subscriber who is authorized to request the revocation; and
(2) Such evidence as is reasonably sufficient to confirm that the person requesting the revocation is the subscriber or an agent of the subscriber who is authorized to make the request;
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.600 - Notice of suspension or revocation

Current through June 11, 2024
1. Immediately upon the suspension or revocation of a certificate pursuant to this chapter, the certification authority who issued the certificate shall, except as otherwise provided in subsection 2, give notice of the suspension or revocation in such a manner as is specified in the certificate. If the certificate specifies that the notice must be given in one or more repositories, the certification authority shall publish a signed notice of the suspension or revocation:
(a) In each of the specified repositories that will accept publication; and
(b) In a recognized repository if:
(1) Any of the specified repositories refuse to accept publication or have ceased to exist; or
(2) None of the specified repositories is a recognized repository.
Nevada Administrative Code › Chapter 720 - Digital Signatures › CERTIFICATE: REVOCATION, SUSPENSION AND EXPIRATION › Section 720.610 - Discharge of certification authority or subscriber from responsibility for certain transactions

Current through June 11, 2024
1. Upon giving notice of the revocation of a certificate as required pursuant to NAC 720.600, the certification authority who issued the certificate is discharged from any liability or other responsibility, with regard to any transactions occurring after the notice is given, for any promise, warranty or certification provided pursuant to NAC 720.480 or 720.490 regarding the certificate.
2. When a certificate expires, the certification authority who issued the certificate, the subscriber identified in the certificate and the agents of that subscriber are discharged from any liability or other responsibility, with regard to any transactions occurring after the expiration occurs, for any promise, warranty or certification provided pursuant to NAC 720.480, 720.490, 720.500, 720.510 or 720.520 regarding the certificate.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.650 - Designation

Current through June 11, 2024
1. The Secretary of State may designate a repository as a recognized repository after he or she:
(a) Receives:
(1) An application for such a designation submitted by a licensee;
(2) Such evidence as he or she deems sufficient to determine that the licensee and repository meet the requirements of this chapter; and
(3) Except as otherwise provided in NAC 720.260, the amounts required pursuant to NAC 720.430 and 720.810; and
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.660 - Application for designation

Current through June 11, 2024
An application for designation as a recognized repository must be on a form prescribed by the Secretary of State and include:
1. The name of the licensee or applicant for a license who will operate the repository;
2. The mailing address and, if different, the physical address of the applicant;
3. The telephone number of the applicant;
4. The electronic mail address of the applicant;
5. The electronic mail address of the repository; and
6. A description of the computer hardware, software and database of the repository that demonstrates compliance with the requirements of this chapter.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.670 - Operation

Current through June 11, 2024
A recognized repository:
1. Must be operated by a licensee;
2. Must operate by means of a trustworthy system that:
(a) Provides access to the repository on-line through the Internet on a continuous basis, except for such periods as are reasonably required for scheduled maintenance;
(b) Has the capacity to process transactions in a reasonably adequate manner for the anticipated volume of transactions; and
(c) Provides for the periodic reproduction and secure storage of data, in accordance with NRS 239.051, in a location other than the location of the principal system of the repository;
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.680 - Revocation of designation; notice to licensee

Current through June 11, 2024
1. The designation of a repository as a recognized repository shall be deemed revoked immediately upon the expiration or revocation of the license of the licensee who operates the repository.
2. The Secretary of State may, in accordance with subsection 3 and without revoking the license of the licensee who operates a recognized repository, revoke the designation of the repository as a recognized repository if the Secretary of State determines that the licensee or repository is not in compliance with all the provisions of this chapter.
3. The Secretary of State will inform a licensee who operates a recognized repository of his or her determination to revoke that designation by mailing a written notice to the mailing address and electronic mail address of the licensee specified on the application for the designation of the repository as a recognized repository. The notice must state the date when the revocation becomes effective, which must not occur until at least 30 days after the mailing of the notice. If the licensee files an application for a hearing on the matter before the effective date specified in the notice, the revocation does not become effective until so ordered by the hearing officer.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.690 - Cessation of operation

Current through June 11, 2024
If a repository of a licensee ceases to operate as a recognized repository, the licensee shall publish the information maintained in the repository in another recognized repository.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.700 - State repository

Current through June 11, 2024
1. The Secretary of State may operate or contract for the operation of a state repository. If the Secretary of State contracts for the operation of the repository by an entity other than the Division of Enterprise Information Technology Services of the Department of Administration, the contractor must be a licensee and agree to operate the repository in compliance with the provisions of this chapter. The Secretary of State may rescind a contract for the operation of the state repository for:
(a) Any ground that would be sufficient for the revocation of the designation of the repository as a recognized repository; or
(b) Any other legally recognized ground for rescission.
Nevada Administrative Code › Chapter 720 - Digital Signatures › RECOGNIZED REPOSITORIES › Section 720.710 - Liability of licensee

Current through June 11, 2024
1. Except as otherwise provided in this section, a licensee who operates a recognized repository shall agree to pay for any loss incurred by a person who reasonably relies on a digital signature that is verified by the public key set forth in a suspended or revoked certificate, if the reliance occurs:
(a) More than 1 business day after the licensee receives from a recognized certification authority a request to publish notice of the suspension or revocation; and
(b) Before the licensee has published the notice in the recognized repository it operates.
Nevada Administrative Code › Chapter 720 - Digital Signatures › USE AND EFFECT OF DIGITAL SIGNATURE › Section 720.750 - General provisions

Current through June 11, 2024
1. Except as otherwise provided by a specific statute, regulation or contract:
(a) An electronic message that bears in its entirety a digital signature which is verified by the public key set forth in a certificate that was a valid certificate when the digital signature was created, is as valid, enforceable and effective as a record set forth on paper.
(b) An electronic message that is digitally signed shall be deemed to be an original of the message.
(c) A digital signature may be accepted in any manner that is reasonable under the circumstances.
Nevada Administrative Code › Chapter 720 - Digital Signatures › USE AND EFFECT OF DIGITAL SIGNATURE › Section 720.760 - Public agency: Acceptance and use of digital signature; confidentiality of private key

Current through June 11, 2024
1. Except as otherwise provided by a specific statute or regulation, a public agency shall not accept a digital signature as a substitute for a handwritten or facsimile signature unless the digital signature is verified by a valid certificate.
2. Except as otherwise provided in subsection 3 or by a specific statute or regulation, a public agency shall not use a digital signature to conduct official public business unless the digital signature is verifiable with reference to a public key set forth in a valid certificate that identifies the public agency as the subscriber. A public agency may become the subscriber of a certificate issued by a recognized certification authority to conduct through electronic messages any official public business for which any statute or regulation requires the signature of an officer, employee or other agent of the public agency.
3. Subsection 2 does not apply to the use of a digital signature for internal procedures of a public agency unless otherwise required by a specific statute, regulation or court rule, or by the office of financial management, training and controls of the Department of Administration.
4. A private key held by a public agency or any person on behalf of a public agency, and any information that identifies such a private key are confidential.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › USE AND EFFECT OF DIGITAL SIGNATURE › Section 720.770 - Acceptance of digital signature as acknowledgment; liability of certification authority

Current through June 11, 2024
1. Except as otherwise provided by a specific statute, regulation or contract, a digital signature that is verifiable with reference to the public key set forth in a valid certificate shall be deemed to satisfy the requirements for an acknowledgment, regardless of whether the person who executed the digital signature appeared before the certification authority or a person who is authorized to take acknowledgments in this State, if:
(a) The digitally signed message includes a statement that the digital signature is intended as an acknowledgment;
(b) The digital signature is verified by the public key set forth in the certificate;
(c) The certificate was a valid certificate when the digital signature was affixed; and
(d) The certificate provides that the digital signature satisfies the requirements for an acknowledgment.
Nevada Administrative Code › Chapter 720 - Digital Signatures › USE AND EFFECT OF DIGITAL SIGNATURE › Section 720.780 - Reasonable reliance on digital signature or certificate

Current through June 11, 2024
1. Except as otherwise provided by a specific statute, regulation or contract, if reliance on a digital signature is not reasonable under the circumstances, the recipient of the digital signature assumes the risk that the digital signature was forged.
2. Any determination of whether it is reasonable to rely upon a certificate or a digital signature verifiable with reference to the public key set forth in a certificate must include, without limitation, an evaluation of:
(a) The facts known to the relying person or of which he or she has notice, including all the facts stated or incorporated by reference in the certificate;
(b) The value or relative importance of the digitally signed message, if known;
(c) The course of dealing between the relying person and the subscriber, and any available indicia of reliability or unreliability other than the digital signature; and
(d) The usage of the trade, particularly trade conducted by trustworthy systems or other computer systems.
Nevada Administrative Code › Chapter 720 - Digital Signatures › USE AND EFFECT OF DIGITAL SIGNATURE › Section 720.790 - Good faith of certification authority, subscriber and recipient of digital signature

Current through June 11, 2024
1. A certification authority, a subscriber and a recipient of a digital signature shall use good faith in the use of a digital signature and in conducting any activities governed by the provisions of this chapter.
2. The provisions of subsection 1 may not be waived, disclaimed or otherwise limited by agreement, except that the parties to an agreement may establish the standards by which their good faith with regard to one another will be measured if those standards are not manifestly unreasonable.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.800 - Activities of certification authority that create unreasonable risk prohibited; advisory statement from Secretary of State

Current through June 11, 2024
1. A certification authority shall not conduct any activities as a certification authority in any manner that creates an unreasonable risk of loss to any subscriber of the certification authority, any person relying on a certificate issued by the certification authority or any repository.
2. If the Secretary of State determines that the activities of a certification authority create a risk of loss to any subscriber of the certification authority, any person relying on a certificate issued by the certification authority or any repository, the Secretary of State may publish a brief statement generally advising subscribers, persons who rely on digital signatures and repositories about those activities.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.810 - Investigation of applicant; payment of costs of investigation

Current through June 11, 2024
1. The Secretary of State may conduct such an investigation of an applicant as he or she determines is necessary to determine the qualifications of the applicant and whether the applicant is in compliance with the provisions of this chapter and chapter 720 of NRS. Except as otherwise provided in NAC 720.260 or unless waived by the Secretary of State, all fees and other costs incurred by the Secretary of State to conduct the investigation must be paid by the applicant.
2. Before commencing the investigation of an applicant, the Secretary of State may require the applicant to deposit such an amount as the Secretary of State estimates will be necessary to pay the fees and other costs of that investigation. Upon taking final action on the application, the Secretary of State will provide the applicant with an itemized statement of the fees and other costs incurred and refund any unexpended portion of the amount deposited.
3. As used in this section, "applicant" means a person who submits an application pursuant to NAC 720.270, 720.420 or 720.650.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150, 720.180
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.820 - Examination and copying of records of licensee

Current through June 11, 2024
To determine compliance with this chapter and chapter 720 of NRS, the Secretary of State may:
1. Without prior notice, examine in any manner that is reasonable under the circumstances the records of a licensee, whether maintained within or outside of this State. The licensee shall make his or her records available to the Secretary of State in legible form.
2. Copy any records of a licensee or require the licensee to provide the Secretary of State with copies of any of his or her records, to such an extent and in such a manner as is reasonable under the circumstances.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.830 - Investigatory authority of Secretary of State

Current through June 11, 2024
1. The Secretary of State may conduct any investigation, whether within or outside of this State, as he or she determines is necessary to ascertain whether a person has violated or is about to violate this chapter or chapter 720 of NRS, or to aid in the enforcement of this chapter or chapter 720 of NRS.
2. To carry out subsection 1, the Secretary of State or any employee designated by the Secretary of State may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses, compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the Secretary of State determines to be relevant or material to the investigation. A person whom the Secretary of State does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he or she is required by subpoena to produce. The Secretary of State may require or permit a person to file a statement, under oath or otherwise as the Secretary of State determines, as to the facts and circumstances concerning the matter to be investigated.
3. If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter or chapter 720 of NRS had the activities occurred in this State, the Secretary of State may issue and apply to enforce subpoenas in this State at the request of a comparable licensing agency of another state.
4. If a person does not testify or produce any documents as required by a subpoena issued pursuant to this section, the Secretary of State may apply to the court for an order compelling compliance. A request for such an order may be addressed to:
(a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this State; or
(b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this State.
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.840 - Payment of costs of investigation of licensee

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.260, a licensee shall pay all proper costs incurred by the Secretary of State to conduct an investigation of the licensee pursuant to NAC 720.830.
2. The Secretary of State may require the licensee to deposit such an amount as the Secretary of State estimates will be necessary to pay those costs. The licensee shall remit:
(a) The deposit within 15 days after the Secretary of State provides the licensee with a statement of that estimate; and
(b) Any other balance due for the investigation within 45 days after the Secretary of State provides the licensee with a bill for that amount.
The Secretary of State may issue an order for the denial, suspension or revocation of the license of a licensee who fails to comply with the provisions of this subsection.
Nevada Administrative Code › Chapter 720 - Digital Signatures › ENFORCEMENT › Section 720.850 - Issuance of orders for enforcement

Current through June 11, 2024
1. Except as otherwise provided in this section, the Secretary of State may, as appropriate, issue an order denying, suspending or revoking a license, limiting any of the activities as a certification authority in this State of a licensee or an applicant for a license or imposing a civil penalty on a licensee if the Secretary of State determines that the order is in the public interest and that the licensee or applicant for a license has:
(a) Filed with the Secretary of State an application for a license which, on the effective date of the application or, in the case of an order denying a license any date after the filing of the application, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which the statement was made, false or misleading with regard to a material fact;
(b) Violated or failed to comply with a provision of this chapter or chapter 720 of NRS;
(c) Within the last 10 years been convicted of a felony or misdemeanor that the Secretary of State determines to have:
(1) Arisen out of the conduct of business as a certification authority or repository; or
(2) Involved larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, misappropriation of money, or any similar offense or conspiracy to commit such an offense;
(d) Been temporarily or permanently enjoined by any court of competent jurisdiction, from:
(1) Performing any activity as a certification authority or repository;
(2) Performing any activity as an affiliated person or employee of a certification authority or repository; or
(3) Engaging in or continuing any conduct or practice in connection with an activity described in subparagraph (1) or (2), unless the order has been vacated;
(e) Been or is the subject of an order of the Secretary of State for the denial, suspension or revocation of a license, unless the order has been vacated;
(f) Been or is the subject of an order issued within the last 5 years under the authority of another country or state or a Canadian province or territory, after the provision of notice and an opportunity for a hearing:
(1) For the denial, suspension or revocation of a license as a certification authority; or
(2) To cease and desist any activity as a certification authority, unless the order has been vacated; or
(g) Become insolvent. For the purposes of this paragraph, "insolvent" means that:
(1) The liabilities of a person exceed his or her assets; or
(2) A person is unable to meet his or her obligations as they mature.
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.900 - Applicability of chapter 233B of NRS; request for administrative hearing

Current through June 11, 2024
1. Except as otherwise provided in this chapter, the provisions of this chapter must be carried out in accordance with the provisions of chapter 233B of NRS.
2. A person affected by a determination or action of the Secretary of State made pursuant to this chapter may request an administrative hearing on the matter before a hearing officer by submitting an application for such a hearing to the Secretary of State. The application:
(a) May be submitted on a form provided by the Secretary of State, or on another document or in an electronic message signed by the applicant or his or her representative; and
(b) Must specify each issue to be considered at the hearing.
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.910 - Persons permitted to appear in representative capacity

Current through June 11, 2024
No person may appear in a representative capacity in an administrative hearing conducted pursuant to this chapter except:
1. An attorney who is admitted to practice law in this State.
2. An authorized officer, manager, partner or full-time employee of an organization or governmental entity who appears on behalf of the organization or governmental entity.
3. A natural person who represents himself or herself.
4. An interpreter for a person who:
(a) Speaks a language other than English and does not know the English language; or
(b) Is a person with a disability, as that term is defined in NRS 50.050.
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.920 - Rebuttable presumptions

Current through June 11, 2024
For the purposes of an administrative hearing conducted pursuant to this chapter or any other adjudication of a dispute involving a digital signature, there is a rebuttable presumption that:
1. A certificate that has been:
(a) Digitally signed by a recognized certification authority; and
(b) Published in a recognized repository or otherwise made available by the certification authority who issued the certificate or the subscriber identified in the certificate, has been issued by that certification authority and accepted by that subscriber.
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.930 - Filing of documents in electronic form; service by electronic transmission

Current through June 11, 2024
In an administrative hearing conducted pursuant to this chapter:
1. A party to the hearing may, unless the hearing officer directs otherwise, file any pleading or other document in electronic form.
2. If a pleading or other document that is filed electronically must be signed, it must be signed with a digital signature that is verifiable by a valid certificate issued by a certification authority who is not a party to the hearing.
3. The service of a pleading or other document by electronic transmission shall be deemed effective upon receipt, except that such an electronic transmission which is sent after 5 p.m. on a business day or at any time on a weekend or state holiday shall be deemed effective at 8 a.m. on the next business day.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.940 - Summary proceeding

Current through June 11, 2024
1. As an alternative to any other authorized procedure, the Secretary of State may commence a proceeding under this chapter or chapter 720 of NRS by entering a summary order pursuant to this section. The order must be in writing and may be entered without providing any prior notice or opportunity for a hearing, and need not be supported by findings of fact or conclusions of law.
2. Upon the entry of a summary order pursuant to subsection 1, the Secretary of State will promptly notify in writing all persons against whom action is taken or contemplated that the summary order has been entered and the reasons therefor. The Secretary of State will send all persons against whom action is taken a notice of an opportunity for a hearing on the matters set forth in the order. The notice must state that the persons have 15 calendar days after receipt of the notice to mail a written request for a hearing to the Secretary of State.
3. The Secretary of State will set the matter for a hearing on a date not more than 60 or less than 15 calendar days after the receipt of the request for a hearing, and will promptly notify the parties of the time and place for the hearing. The time of the hearing may be continued upon the written request of a party for good cause shown.
4. The Secretary of State may issue an order that makes a summary order final:
(a) Fifteen days after a person against whom action is taken or contemplated receives notice of the right to request a hearing, if that person fails to request a hearing; or
(b) If a party fails to appear at a hearing, on the date set for the hearing.
Nevada Administrative Code › Chapter 720 - Digital Signatures › PROCEEDINGS › Section 720.950 - Emergency administrative proceeding

Current through June 11, 2024
1. To carry out the provisions of this chapter or chapter 720 of NRS and as an alternative to any other authorized procedure, the Secretary of State may use an emergency administrative proceeding pursuant to this section if there is an immediate danger to the public welfare requiring immediate action.
2. The Secretary of State may take only such action pursuant to this section as is necessary to prevent or avoid the immediate danger to the public welfare that justifies the use of an emergency administrative proceeding.
3. An order issued pursuant to this section will include a brief statement of:
(a) Findings of fact;
(b) Conclusions of law; and
(c) The reasons for:
(1) Determining that there is an immediate danger to the public welfare; and
(2) The decision of the Secretary of State to take the specific action ordered.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - APPLICABILITY, SCOPE, CITATION OF RULES, CONSTRUCTION AND RELAXATION; COMPUTATION OF TIME › Section 1:1-1.1 - Applicability; scope; special hearing rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				any superseding Federal or State law, this chapter shall govern the procedural
				aspects pertaining to transmission, the conduct of the hearing and the
				rendering of the initial and final decisions in all contested cases in the
				Executive Branch of the State Government.
				52:14F-5. This chapter governs the
				procedure whether the contested case is before the Office of Administrative
				Law, an agency head or any other administrative agency. Subchapter 21 governs
				the conduct of certain uncontested cases handled by the Office of
				Administrative Law under
				52:14F-5
				(
o
).
(b) In the
				event of conflict between this chapter and any other agency rule, except agency
				rules which incorporate statutory requirements, this chapter shall
				prevail.
(c) No agency other than
				the Office of Administrative Law may hereafter propose any rules to regulate
				the conduct of contested cases and the rendering of administrative
				adjudications.
				52:14F-5(e).
				Specific pleading and other pre-transmittal requirements may be regulated by
				the agencies provided they are consistent with this chapter.
(d) In addition to those rules that
				specifically govern a transmitting agency's responsibilities and the
				jurisdiction of the Office of Administrative Law, the following Uniform
				Administrative Procedure rules are not intended to apply to contested cases
				heard in agencies exempt under
				52:14F-8:
1.
										1:1-11.1(c) 
				(Subpoena forms);
2.
										1:1-12.6 (Emergency
				relief);
3.
										1:1-14.1 0 (Interlocutory
				review);
4.
										1:1-16.2(b) and
				(c) (Time of motion to intervene);
5.
										1:1-18.8 (Extensions of time limits
				for decisions and exceptions); and
6.N.J.A.C. 1:1-21 (Uncontested
				cases).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - APPLICABILITY, SCOPE, CITATION OF RULES, CONSTRUCTION AND RELAXATION; COMPUTATION OF TIME › Section 1:1-1.2 - Citation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be referred to as the "New Jersey Uniform
				  Administrative Procedure Rules" and may be cited as, for example,
				  1:1-1.2.