reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-007 - LICENSE EXAM

Current through June 17, 2024
007.01 The license
				exam shall consist of questions aimed at determining whether the applicant has
				the reasonably necessary knowledge, experience, and competency to engage in and
				perform the duties of the secret service or private policing business.
007.01A. Knowledge of the Nebraska Private
				Detective Act and laws related to or affecting private detective work,
				including but not limited to:
007.01A1.
				Provisions of Neb. Rev. Stat. 71-3201 through 71-3213 the Nebraska private
				detective licensing act
007.01A2.
				Basic requirements to become a license holder
007.01A3. Debt collection
				restrictions
007.01A4. Surety bond
				requirements
007.01A5. Minimum
				number of hours of experience to apply for a detective license
007.01A6. Disqualification for application of
				private detective license
007.01A7.
				Expiration date of all license holders
007.01A8. Restrictions on duties of plain
				clothes investigators
007.01A9.
				Advertising for private detective services
007.01A10. License renewal
				requirements
007.01A11.
				Interception of wire of electronic communications (wiretapping)
007.01A12. Trespassing
007.01A13. Carrying a concealed
				weapon
007.01A14. Provisions of the
				Nebraska private detective licensing rules and regulations
007.01A15. Intrusion
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-008 - FEES

Current through June 17, 2024
008.01 Application
				fees for initial and renewal applications shall be as follows:
008.01A. Private Detective ............$
				50.00.
008.01B. Private Detective
				Agency .........$ 100.00.
008.01C.
				Plain Clothes Investigator........$ 25.00.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 4 - ATHLETE AGENTS › Section 433-4-001 - FEES

Current through June 17, 2024
001.01 The fee for
				the initial application for registration as an athlete agent is $300. The fee
				for a renewal application for registration as an athlete agent is
				$150.
001.02 The fee for a
				reciprocal application for registration as an athlete agent is $150. The fee
				for a reciprocal renewal application for registration as an athlete agent is
				$150.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 5 - NONRECOURSE CIVIL LITIGATION FUNDING COMPANIES › Section 433-5-001 - FEES

Current through June 17, 2024
001.01 The fee for
				the initial application for registration as a civil litigation funding company
				is $500. The fee for a renewal application for registration as a civil
				litigation funding company is $200.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-001 - DEFINITIONS

Current through June 17, 2024
For purposes of Chapter 6 of these regulations:
001.01 Act means Neb. Rev. Stat. §§
									64-101
				through
				64-118.
001.02 Applicant means a person who has
				submitted any of the documents listed in Section 3.
001.03 Application means both the initial and
				renewal application for Notary Public.
001.04 Form means and include an application
				submitted on paper or an application submitted electronically in a digital
				format approved by the Secretary.
001.05 Malfeasance in office occurs when a
				Notary Public (1) fails to follow the requirements and procedures for Notarial
				acts provided for in statute under Chapter 64, Articles 1 and 2, and this
				administrative code, (2) fails to respond to written communications or requests
				from the Secretary, or (3) being convicted of a felony or other crime involving
				fraud or dishonesty within the last five (5) years.
001.06 Nebraska employer means an entity with
				an office or regular place of business within the physical boundaries of
				Nebraska. The Secretary will use a US Postal Service address to determine the
				physical location of the business.
001.07 Notarial act means an act which the
				law and regulations of this State authorize Notaries Public of this State to
				perform, including the administering of oaths and affirmations, taking proof of
				execution and acknowledgments of instruments, and attesting
				documents.
001.08 Notarial
				certificate or acknowledgement means the section at the end of a document where
				a Notary Public verifies by notarization that the signor of the document
				presented satisfactory evidence of identity, appeared in the Notary's presence,
				and that he or she actually signed the document,
001.09 "Notary Public" means a person
				commissioned as a notary public under the Act and Neb. Rev, Stat. §
									64-119.
001.10 Regular place of work or business in
				Nebraska means any place where any person is to work, is working, or
				customarily works, for gain or reward within the physical boundaries of
				Nebraska.
001.11 Resident means
				that the applicant considers Nebraska his or her permanent home, or the place
				to which he or she intends to return after a period of absence. To meet the
				residency requirement the applicant must live in Nebraska for more than six (6)
				months out of the year.
001.12
				Secretary means the Secretary of State and his or her designated staff.
Citation: Neb. Rev. Stat. §§
										64-101
				  through
				  64-118.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-002 - NOTARIAL ACTS

Current through June 17, 2024
002.01 Document.
002.01(A) The Notarial certificate or
				acknowledgement must be completed in its entirety including dates, state and
				county of notarial act.
002.01(B)
				Blank or incomplete documents should not be notarized.
002.01(C) Notaries Public may not post-date
				or pre-date a document.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-003 - APPLICATIONS AND OTHER FORMS

Current through June 17, 2024
003.01 The
				following forms are required to obtain and maintain a Notary Public commission
				under the Act:
003.01(A) Initial Application
				for Notary Public Commission;
003.01(B) U.S. Citizenship Attestation
				Form;
003.01(C) Bond
				Form;
003.01(D) Renewal Application
				for Notary Public Commission;
003.01(E) Evidence of Employment in
				Nebraska;
003.01(F) Notary Public
				Request to Change Record; and
003.01(G) Bond Rider.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-004 - COMMISSION REQUIREMENTS

Current through June 17, 2024
004.01 Before being
				considered by the Secretary, every application for a Notary Public commission
				must include the following information and meet the following requirements:
004.01(A) All questions on the application
				form(s) must be answered;
004.01(B)
				A fee of $30 must be submitted;
004.01(C) A passing examination
				score;
004.01(D) Submission of a
				license surety bond for $15,000;
004.01(E) U.S. Citizenship Attestation Form;
				and
004.01(F) Non-resident Evidence
				of Employment Form.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-005 - CHANGES TO NOTARY PUBLIC COMMISSION INFORMATION

Current through June 17, 2024
005.01 Name Change.
005.01(A) A Notary Public may continue to use
				his or her current Notary Commission as it was issued until the expiration or
				termination of such commission. The Notary Public must continue to sign his or
				her name using the name as listed on the commission certificate,
005.01(B) A Notary Public who has changed his
				or her name during his or her commission, may apply for a new commission under
				his or her new name by following the procedures set forth in subsection
				005.04
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-006 - NOTARY PUBLIC EXAMINATION

Current through June 17, 2024
006.01 The Notary
				Public Examination will consist of questions aimed at determining whether the
				applicant has the reasonably necessary knowledge, experience, and competency to
				engage in and perform the duties of a Notary Public. An applicant must score
				85% or better to pass the exam.
006.01(A)
				Knowledge of the Notary Public Act and laws related to or affecting notarial
				work, including but not limited to:
006.01(A)(1) Provisions of Neb. Rev. Stat.
				§§
											64-101
				through
				64-118;
006.01(A)(2) Uniform Recognition
				of Acknowledgements Act Neb. Rev. Stat §§
											64-209
				through
				64-215,
				and any other relevant statutes; and
006.01(A)(3) These Rules and
				Regulations.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-007 - ALLEGED MALFEASANCE AGAINST NOTARIES PUBLIC

Current through June 17, 2024
007.01 In investigating an alleged
				malfeasance by a Notary Public, the Secretary must consider the totality of the
				offense, facts, and circumstances in each individual case.
007.02 Factors Considered.
007.02(A) While evaluating an alleged
				malfeasance to determine if it should be set for hearing or recommend to a
				stipulation process, the Secretary may consider a variety of factors,
				including, but not limited to, the following:
007.02(A)(1) Nature and severity of the act,
				offense, or crime under consideration;
007.02(A)(2) Number and/or variety of current
				violations;
007.02(A)(3) Evidence
				pertaining to the requisite honesty, credibility, truthfulness, and integrity
				of the Notary Public;
007.02(A)(4)
				Actual or potential harm to the general public, group, individual, or
				customer;
007.02(A)(5) History of
				complaints received by the Secretary; and
007.02(A)(6) Prior disciplinary record or
				warning from the Secretary.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 6 - NOTARIES PUBLIC › Section 433-6-008 - FEES

Current through June 17, 2024
008.01 The application fee is
				$30,00.
008.02 The fee to change
				the name on a commission is $
				30.00.
008.03 Duplicate commissions will be provided
				at a cost of $
				15.00.
008.04 Notaries Public may charge the
				following fees for his or her services:
008.04(A) For each protest: $
				1.00; For recording the same,
				$2,00;
008.04(B) For each notice of
				protest: $
				2.00;
008.04(C) For taking affidavits and seal: $
				2.00;
008.04(D) For administering oath or
				affirmation: $
				2.00;
008.04(E) For each certificate and seal: $
				5.00; and
008.04(F) For each mile traveled in serving
				notice based on the rate established by the Department of Administrative
				Services
Citation: Neb. Rev. Stat. §
											33-102
				  and
				  33-133.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-001 - SCOPE

Current through June 17, 2024
001.01 The Rules in this Chapter implement
				the Electronic Notary Public Act, Neb. Rev. Stat. §§
									64-301 through
				64-317.
Citation: Neb. Rev. Stat. §
										64-316.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-003 - APPLICATION

Current through June 17, 2024
003.01 To qualify for registration as an
				electronic notary public. an Applicant shall:
003.01(A) Provide all information required
				for registration pursuant to Neb. Rev. Stat. §
										64-304;
003.01(B) Hold a valid Nebraska Notary Public
				commission;
003.01(C) Certify that
				he or she continues to meet the qualifications of a Notary Public:
003.01(D) Take the required course of
				instruction and pass the examination as required pursuant to Neb. Rev. Stat.
				§
										64-305;
003.01(E) Pay the required registration fee:
				and,
003.01(F) Provide any other
				information requested by the Secretary to prove the qualifications of the
				Applicant.
Citation: Neb. Rev. Stat. §§
											64-303. 64-304. 64-305 and
				  64-306.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-004 - REGISTRATION RENEWAL

Current through June 17, 2024
004.01 A Notary
				Public applying to renew his or her registration as an electronic notary public
				shall so indicate on his or her notary public renewal application and pay the
				fee for registration as an electronic notary public, in addition to the fee for
				renewal of his or her Notary Public commission.
004.02 If an electronic notary public fails
				to renew their registration at the same time the Notary Public commission is
				renewed, he or she must submit a new application for registration and meet all
				of the requirements of Section 003 of this Chapter to be registered as an
				electronic notary public.
Citation: Neb. Rev. Stat. §§
										64-306 and
				  64-316
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-005 - APPROVED COURSE OF STUDY FOR ELECTRONIC NOTARIES PUBLIC

Current through June 17, 2024
005.01 The Secretary shall administer the
				training course and testing for Applicants for electronic notary public
				registration.
005.02 Upon the
				Secretary's determination of a need for additional instructors, the Secretary
				may designate a third-part training course for Applicants or appoint certified
				Notary Public instructors o to administer the training course and testing for
				Applicants for electronic notary public registration.
005.03 An Applicant must score 85% or better
				to pass the examination.
005.04 If
				an Applicant fails the examination, the application for registration shall be
				denied. An Applicant who fails the examination must wait thirty ("30) days to
				reapply for registration. including submitting a new application for
				registration, paying the registration fee, taking the course of instruction,
				and passing the exam. An Applicant who fails the examination three (3) times
				shall be considered incompetent to be registered as an electronic notary public
				and shall not be eligible to take the exam again.
Citation: Neb. Rev. Stat. §
										64-305
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-006 - ELECTRONIC NOTARY PUBLIC'S ELECTRONIC SIGNATURE

Current through June 17, 2024
006.01 The electronic signature of an
				electronic notary public shall be Independently Verifiable and unique to the
				electronic notary public.
006.02
				The electronic notary public's electronic signature shall be retained under the
				electronic notary public's sole control.
006.03 When the electronic notary public
				performs an electronic notarization, the electronic signature used by the
				electronic notary public must be accessible by and attributable solely to the
				electronic notary public to the exclusion of all other persons and entities for
				the entire time necessary to perform the electronic notarization.
006.04 The electronic notary public's
				electronic signature shall be attached or logically associated with the
				document, linking the data in such a manner that any subsequent alterations to
				the underlying document or electronic notary certificate are observable through
				visual examination.
006.05 An image
				of the electronic notary. public's handwritten signature shall appear on any
				visual or printed representation of an electronic notary public certificate
				regardless of the technology being used to affix the electronic notary public's
				electronic signature.
Citation: Neb. Rev. Stat. §
										64-310.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-007 - ELECTRONIC NOTARY SEAL

Current through June 17, 2024
007.01 The
				electronic notary seal shall be Independently Verifiable and unique to the
				electronic notary public.
007.02
				The electronic notary seal shall be retained under the electronic notary
				public's sole control.
007.03 When
				the electronic notary public performs an electronic notarization, the
				electronic seal used by the electronic notary public shall be accessible by and
				attributable solely to the electronic notary public to the exclusion of all
				other persons and entities for the entire time necessary to perform the
				electronic notarization.
007.04 The
				electronic notary seal shall be attached or logically associated with the
				document, linking the data in such a manner that any subsequent alterations to
				the underlying document or electronic notary certificate are observable through
				visual examination.
007.05 An image
				of the electronic notary public's electronic notary seal shall appear on any
				visual or printed representation of the electronic notary certificate
				regardless of the technology being used to affix the electronic notary public's
				electronic notary seal.
007.06 The
				perimeter of the electronic notary seal shall contain a border such that the
				physical appearance of the seal replicates the appearance of an inked sea! on
				paper.
007.07 The electronic notary
				seal must have, within its border, the electronic notary public's name exactly
				as commissioned, the words "Electronic Notary Public", the words "Nebraska" and
				the commission expiration date.
Citation: Neb. Rev. Stat. §§
										64-302 and
				  64-310.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-008 - PHYSICAL PRESENCE REQUIREMENT FOR ELECTRONIC NOTARIZATION

Current through June 17, 2024
When an electronic notary public performs an electronic
				  notarization, the principal and the electronic notary public shall be in each
				  other's physical presence during the entire electronic notarization so that the
				  principal and the electronic notary public can see, hear, communicate with, and
				  give identification documents as required under Neb. Rev. Stat. §
									64-105
				  to each other without the use of electronic devices such as telephones,
				  computers, video cameras, or facsimile machines.
Citation: Neb. Rev. Stat. §
									64-308.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-009 - ELECTRONIC NOTARY SOLUTION PROVIDER APPLICATION

Current through June 17, 2024
009.01 Any person or entity applying to the
				Secretary for designation as an Approved Electronic Notary Solution Provider
				must complete and submit an application to the Secretary for review and
				approval before authorizing any electronic notary seals or electronic
				signatures to Nebraska electronic notaries. The application shall include the
				following information:
009.01(A) Hardware and
				software specifications and requirements for the provider's Electronic
				Notarization System.:
009.01(B) A
				description of the type(s) of technology used in the provider's Electronic
				Notarization System; and
009.01(C)
				A demonstration of how the technology is used to perform an electronic
				notarization.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-010 - CRITERIA FOR APPROVAL OF ELECTRONIC NOTARY SOLUTION PROVIDERS

Current through June 17, 2024
010.01 Each Applicant and each Approved
				Electronic Notary Solution Provider shall:
010.01(A) Provide a free and readily
				available viewer/reader so as to enable all parties relying on the
				electronically notarized record or document to view the electronic notary.
				public's electronic signature and the electronic notary seal without incurring
				any cost.
010.01(B) Comply with the
				laws, policies, and rules that govern Nebraska Notaries Public;
010.01(C) Provide an Electronic Notarization
				System that complies with the technical specifications of the rules and
				standards that govern electronic notarization processes and procedures in
				Nebraska;
010.01(D) Require such of
				the provider's principals or employees to take the mandatory electronic notary
				public education course and pass the required examination as is necessary to
				ensure the provider possesses sufficient familiarity with Nebraska's electronic
				notary public laws and requirements;
010.01(E) Require Notaries Public to present
				the Certificate of Registration to act as an Electronic Notary Public issued
				pursuant to Neb. Rev. Stat. §
										64-312 prior to authorizing an
				electronic notary seal and electronic signature;
010.01(F) Verify the authorization of a
				Nebraska Notary Public to perform electronic notary acts by confirming through
				the Secretary or the Secretary's website should an online listing be made
				available:
010.01(G) Provide
				prorated fees to align the usage and cost of the Electronic Notarization System
				with the commission term limit of the electronic notary public purchasing the
				electronic notary seal and electronic signature;
010.01(H) Suspend the use of any Electronic
				Notarization System for any Notary Public whose commission has been revoked,
				suspended, or canceled by the Secretary; and
010.01(I) Submit an exemplary of the
				electronic notary public's electronic signature and the electronic notary seal
				to the Secretary for each electronic notary public who subscribes to the
				provider's Electronic Notarization System.
Citation: Neb. Rev. Stat. §
											64-316.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-011 - ELECTRONIC NOTARY SOLUTION PROVIDER CHANGES

Current through June 17, 2024
011.01 An electronic notary solution provider
				shall notify the Secretary within forty-Five (45) days of changes,
				modifications. or updates to information previously submitted to the
				Secretary.
011.02 Approved
				Electronic Notary Solution Provider provide notice to the Secretary pursuant to
				the Electronic Notary Public Act and this Chapter within forty-Five (45) days
				before making available to Nebraska electronic notaries public any updates or
				subsequent versions of the provider's Electronic Notarization System. The
				Secretary may remove the designation of the Approved Electronic Notary solution
				provider if the changes to Electronic Notarization System do not meet the
				requirements of the Electronic Notary Public Act and this Chapter.
Citation: Neb. Rev. Stat. §
										64-316.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-012 - SEPARATE ATTESTATIONS

Current through June 17, 2024
012.01 Each
				electronic signature requiring notarization and attestation in the form of an
				acknowledgment shall be individually affixed to the electronic document by the
				principal signer and shall be acknowledged separately by the principal signer,
				except in the following situation:
012.01(A)
				The notarized document is executed on behalf of:
012.01(A)(i) Any foreign or domestic:
012.01(A)(i)(1) Corporation, non-profit
				corporation, professional corporation;
012.01(A)(i)(2) Limited liability
				company;
012.01(A)(i)(3)
				Unincorporated association or partnership;
012.01(A)(i)(4) Business trust, estate,
				partnership, trust; or
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-013 - ACCESS AND USE OF ELECTRONIC NOTARY SEAL AND ELECTRONIC SIGNATURE

Current through June 17, 2024
013.01 Neither the employer nor any of the
				employer's employees or agents shall use or permit the use of an electronic
				notary seal or signature by anyone other than the authorized electronic notary
				public to whom it is registered.
013.02 Access to electronic notary signatures
				and electronic notary seals shall be protected by the use of a Biometric
				Authentication, Password Authentication. Token Authentication, or other form of
				authentication approved by the Secretary according to the Electronic Notary
				Public Act and this Chapter.
Citation: Neb. Rev. Stat. §
										64-310.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-014 - REPORT OF THEFT OR VANDALISM

Current through June 17, 2024
014.01 An
				electronic notary public who is required to report, pursuant to Neb. Rev. Stat.
				§
									64-310. the theft or vandalism of
				his or her electronic signature, electronic notary seal, or electronic record,
				including the backup record, shall do so in writing to the Secretary within ten
				(10) days after discovering the theft or vandalism.
014.02 Failure to report the theft or
				vandalism as required in Neb. Rev. Stat. §
									64-310 may subject the electronic
				notary public to having his or her registration as an electronic notary public
				removed.
Citation: Neb. Rev. Stat. §
										64-310 and
				  64-314.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-015 - RECORD OF ELECTRONIC NOTARIAL ACTS

Current through June 17, 2024
015.01 Pursuant
				to Neb. Rev. Stat. §
									64-310. an electronic notary
				public shall keep a journal of all electronic notarizations he or she performs
				and shall present this journal, or any portion thereof, to the Secretary upon
				written request.
015.02 The
				electronic notary public shall maintain this record, and the backup record, for
				at least ten (10) years after the date of the notarial act.
015.03 An electronic notary public who fails
				to maintain the record or backup record for the required period, or fails to
				timely provide the record upon request by the Secretary, shall be subject to
				haying his or her registration removed.
Citation: Neb. Rev. Stat. §§
										64-310. 64-314 and
				  64-316.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-016 - REMOVAL OF REGISTRATION

Current through June 17, 2024
016.01 An
				electronic notary public violating the Electronic Notary Public Act or this
				Chapter is subject to having his or her registration removed.
016.02 Any removal of a registration shall be
				under the removal procedures provided in Neb. Rev. Stat. §
									64-113
				and 433 NAC 6 007.
Citation: Neb. Rev. Stat. §§
										64-314 and
				  64-316
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-017 - CHANGE OF ELECTRONIC NOTARY PUBLIC INFORMATION OR REGISTRATION STATUS

Current through June 17, 2024
017.01 In addition to complying with the
				notification requirements to changes to the Notary Public's information
				required by 433 NAC 6 005. an electronic notary public must also notify the
				Secretary in writing within forty-five (45) days after changing his or her
				Approved Electronic Notary Solution Provider.
017.01(A) The new Approved Electronic Notary
				Solution Provider must submit an exemplary of the new electronic notary
				public's electronic signature and the electronic notary seal to the Secretary
				for the electronic notary public.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-018 - EXPIRATION OF REGISTRATION: RESIGNATION. CANCELLATION. OR REVOCATION: DEATH OF ELECTRONIC NOTARY PUBLIC: REQUIRED ACTIONS

Current through June 17, 2024
An electronic notary public, or his or her duly authorized
				  representative, who is required to certify that he or she has erased, deleted,
				  or destroyed the coding, disk, certificate, card, software. File, password, or
				  program that enables the electronic affixation of the electronic notary
				  public's electronic signature and electronic notary seal, in compliance with
				  Neb. Rev. Stat. S 64-311. shall do so in writing to the Secretary within three
				  months after the registration of the electronic notary public expires, is
				  resigned, canceled, or revoked or upon the death of the electronic notary
				  public.
Citation: Neb. Rev. Stat. §
									64-311.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-019 - FEES

Current through June 17, 2024
The fee for registering or re-registering as an electronic
				  notary public shall be $ 100.00.
Citation: Neb. Rev. Stat. §
									64-306.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-020 - APPLICATIONS AND OTHER FORMS

Current through June 17, 2024
020.01 The
				following forms shall be available for registration as an electronic notary
				public:
020.01(A) Initial Electronic Notary
				Public Registration form;
020.01(B)
				Electronic Notary Public Renewal Application and Re-Registration form: and
020.01(C) Electronic Notary Public
				Solution Provider application.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-001 - SCOPE

Current through June 17, 2024
001.01 The Rules in this Chapter implement
				the Online Notary Public Act. Neb. Rev. Stat. §§
									64-401
				through
				64-418.
Citation: Neb. Rev. Stat. §
										46-407.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-003 - APPLICATION

Current through June 17, 2024
003.01 To qualify for registration as an
				online notary public, an Applicant shall:
003.01(A) Provide all information required
				for registration pursuant to Neb. Rev. Stat. §
										64-406:
003.01(B) Hold a valid Nebraska Notary Public
				commission:
003.01(C) Certify that
				he or she continues to meet the qualifications of a Notary Public:
003.01(D) Take the required course of
				instruction and pass examination as required by Neb. Rev. Stat. §
										64-404:
003.01(E) Pay the required
				registration fee: and.
003.01(F)
				Provide any other information requested by the Secretary to prove the
				qualifications of the applicant.
Citation: Neb. Rev. Stat. §§
											64-403,
				  64-404,
				  64-405,
				  64-406
				  & 64-407.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-004 - REGISTRATION RENEWAL

Current through June 17, 2024
004.01 A Notary
				Public applying to renew his or her registration as an online notary public
				shall so indicate on his or her notary public renewal application and pay the
				fee for registration as an online notary public, in addition to the fee for
				renewal of his or her Notary Public commission.
004.02 If an online notary public fails to
				renew his or her registration at the same time the Notary Public commission is
				renewed, he or she must submit a new application for registration and meet all
				of the requirements of Section 003 of this Chapter to be registered as an
				online notary public.
Citation: Neb. Rev. Stat. §§ 64-605 and
				  64-406.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-005 - APPROVED COURSE OF STUDY AND EXAMINATION FOR ONLINE NOTARIES PUBLIC

Current through June 17, 2024
005.01 The Secretary shall administer the
				training course and testing for Applicants for online notary public
				registration.
005.02 Upon the
				Secretary's determination of a need for additional instructors, the Secretary
				may designate a third-party training course for applicants or appoint certified
				Notary Public instructors to administer the training course and testing for
				Applicants for online notary public registration.
005.03 An Applicant must score 85% or better
				to pass the examination.
005.04 If
				an Applicant fails the examination, the application for registration shall be
				denied. An Applicant who fails the examination must wait thirty (30) days to
				reapply for registration, including submitting a new application for
				registration, paying the registration fee, taking the course of instruction,
				and passing the exam. An Applicant who fails the examination three (3) times
				shall be considered incompetent to be registered as an online notary public and
				shall not be eligible to take the exam again.
Citation: Neb. Rev. Stat. §§
										64-404
				  and
				  64-407.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-006 - ONLINE NOTARY PUBLIC ELECTRONIC SIGNATURE

Current through June 17, 2024
006.01 The
				online notary public's electronic signature shall be Independently Verifiable
				and unique to the online notary public.
006.02 The online notary public's electronic
				signature shall be retained under the online notary public's sole
				control.
006.03 When the online
				notary public performs an online notarization, the electronic signature used by
				the online notary must be accessible by and attributable solely to the online
				notary public to the exclusion of all other persons and entities for the entire
				time necessary to perform the online notarial act.
006.04 The online notary public's electronic
				signature shall be attached or logically associated with the document, linking
				the data in such a manner that any subsequent alterations to the underlying
				document or online notarial certificate are observable through visual
				examination.
006.05 An image of the
				online notary's handwritten signature shall appear on any visual or printed
				representation of an online notarial certificate regardless of the technology
				being used to affix the online notary public's electronic signature.
Citation: Neb. Rev. Stat. §§
										64-402.
				  64-407, and 64-410.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-007 - ONLINE NOTARY SEAL

Current through June 17, 2024
007.01 The online
				notary seal shall be Independently Verifiable and unique to the online notary
				public.
007.02 The online notary
				seal shall be retained under the online notary public's sole control.
007.03 When the online notary performs an
				online notarial act, the online notary seal used by the online notary public
				shall be accessible by and attributable solely to the online notary public to
				the exclusion of all other persons and entities for the entire time necessary
				to perform the online notarial act.
007.04 The online notary seal shall be
				attached or logically associated with the document. linking the data in such a
				manner that any subsequent alterations to the underlying document or online
				notary certificate are observable through visual examination.
007.05 An image of the online notary seal
				shall appear on any visual or printed representation of the online notarial
				certificate regardless of the technology being used to affix the online notary
				public's online notary seal.
007.06
				The perimeter of the online notary seal shall contain a border such that the
				physical appearance of the seal replicates the appearance of an inked seal on
				paper.
007.07 The online notary
				seal must have, within its border, the online notary public's name exactly as
				commissioned, identifying number, and commission expiration date, as well as
				the words "Online Notary Public" and the word "Nebraska".
Citation: Neb. Rev. Stat. §§
										64-402.
				  64-407, and 64-410.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-008 - PHYSICAL LOCATION OF ONLINE NOTARY PUBLIC DURING PERFORMANCE OF ONLINE NOTARIAL ACT

Current through June 17, 2024
When an online notary public performs an online notarial act
				  he or she must be physically located in the State of Nebraska.
Citation: Neb. Rev. Stat. §§ 64-607,
				  64-411
				  and
				  64-418.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-009 - ONLINE NOTARY SOLUTION PROVIDER APPLICATION

Current through June 17, 2024
009.01 Before issuing any online notary seals
				or electronic signatures to Nebraska online notaries public, an online notary
				solution provider must be approved by the Secretary.
009.02 To be approved, the online notary
				solution provider must complete and submit an application to the Secretary. The
				application shall include the following information:
009.02(A) Hardvware and software
				specifications and requirements for the provider's Online Notarization System.
009.02(B) A description of the
				types' of technology used in the provider's online notarization system,
				and
009.02(C) A demonstration of
				how the technology is used to perform an online notarization.
009.02(D) Any other information that the
				Secretary requests related to the provider's Online Notarization
				System.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-010 - CRITERIA AND STANDARDS FOR APPROVAL OF ONLINE NOTARY SOLUTION PROVIDERS

Current through June 17, 2024
010.01 Each applying and each Approved Online
				Notary Solution Provider shall:
010.01(A)
				Provide a free and readily available viewer/reader so as to enable all parties
				relyiing on the online notarized record or document to view the electronic
				signature and the online notary seal without incurring any cost.
010.01(B) Comply with the laws, policies, and
				rules that govern Nebraska Notaries Public and online notaries
				public;
010.01(C) Provide an Online
				Notarization System that complies with the technical specifications of the
				rules and standards that govern online notarization processes and procedures in
				Nebraska, including the minimum requirements for credential analysis, identity
				proofing, and communication technologies;
010.01(D) To ensure the provider possesses
				sufficient familiarity with Nebraska's online notary public laws and
				requirements, require the individual signing the application on behalf of the
				online notary solution provider to take the mandatory online notary public
				education course and pass the required examination;
010.01(E) Require notaries public to present
				the Certificate of Registration to act as an online notary public issued by the
				Secretary prior to authorizing an online notary seal and electronic
				signature;
010.01(F) Verify the
				authorization of a Nebraska Notary Public to perform online notarial acts by
				confirming through the Secretary or the Secretary's website should an online
				listing be made available;
010.01(G) Provide prorated fees to align the
				usage and cost of the online notary solution with the commission term limit of
				the Notary Public purchasing the online notary seal and electronic signature:
010.01(H) Suspend the use of any
				online notary solution for any Notary Public whose commission or registration
				has been revoked, suspended, or canceled by the Secretary; and
010.01(I) Submit an exemplary of the online
				notary public's electronic signature and the online notary seal to the
				Secretary for each online notary public who subscribes to the provider's Online
				Notarization Solution.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-011 - ONLINE NOTARY SOLUTION PROVIDER CHANGES

Current through June 17, 2024
011.01 An
				online notary solution provider shall notify the Secretary within forty-five
				(45) days of changes, modifications, or updates to information previously
				submitted to the Secretary.
011.02
				An approved online notary solution Provider shall provide notice to the
				Secretary pursuant to the Online Notary Public Act and this Chapter within
				forty-five (45) days before making available to Nebraska online notaries public
				any updates or subsequent versions of the provider's online notarization
				system. The Secretary may remove the designation of the Approved Online Notary
				Solution Provider if the changes to the online notary system do not meet the
				requirements of the Online Notary Public Act and this Chapter.
Citation: Neb. Rev. Stat. §
										64-407.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-012 - SEPARATE ATTESTATIONS

Current through June 17, 2024
012.01 For an
				online notarial act, each principal's signature requiring notarization and
				attestation in the form of an acknowledgment shall be individually affixed to
				the electronic document by the principal and shall be acknowledged separately
				by the principal, except in the following situations:
012.01(A) The notarized document is executed
				on behalf of:
012.01(A)(i) Any foreign or
				domestic:
012.01(A)(i)(1) Corporation,
				non-profit corporation, professional corporation
012.01(A)(i)(2) Limited liability
				company;
012.01(A)(i)(3)
				Unincorporated association or partnership
012.01(A)(i)(4) Business trust, estate,
				partnership, trust: or
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-013 - ACCESS AND USE OF ONLINE NOTARY SEAL AND ELECTRONIC SIGNATURE

Current through June 17, 2024
013.01 Neither the employer of an online
				notary public nor any of the employer's employees or agents shall use or permit
				the use of an online notary seal or electronic signature by anyone other than
				the authorized online notary public to whom it is registered.
013.02 Access to an online notary public's
				signature and online notary seal shall be protected by the use of a password
				authentication, token authentication, biometric authentication, or other form
				of authentication approved by the Secretary according to the Online Notary
				Public Act.
Citation: Neb. Rev. Stat. §§
										64-407
				  and
				  64-410.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-014 - REPORT OF THEFT OR VANDALISM

Current through June 17, 2024
014.01 An online
				notary public who is required to report, pursuant to Neb. Rev. Stat. §
									64-410.
				the theft or vandalism of his or her electronic signature, online notary seal,
				or electronic record. including the backup record, shall do so in writing to
				the Secretary within ten (10) days after the discovery of the theft or
				vandalism.
014.02 Failure to report
				the theft or vandalism as required in Neb. Rev. Stat. §
									64-410
				may subject the online notary public to having his or her registration as an
				online notary public removed.
Citation: Neb. Rev. Stat. §§
										64-410.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-015 - RECORD OF ONLINE NOTARIAL ACTS

Current through June 17, 2024
015.01 Pursuant to
				Neb. Rev. Stat. §
									64-409,
				an online notary public is required to maintain a secure electronic record of
				all online notarial acts by the online notary public.
015.02 The online notary public shall
				maintain this record, and a backup record, for at least ten (10 years after the
				date of the online notarial act.
015.03 The online notary public shall make
				this record, or any portion thereof, available to the Secretary upon request by
				the Secretary.
015.04 An online
				notary public who fails to maintain the record or backup record for the
				required period, or fails to timely provide the record upon request by the
				Secretary, shall be subject to having his or her registration removed.
Citation: Neb. Rev. Stat. §§
										64-409.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-016 - REMOVAL OF REGISTRATION

Current through June 17, 2024
016.01 An online
				notary public violating the Online Notary Public Act or this Chapter is subject
				to having his or her registration removed.
016.02 Any removal of a registration shall be
				under the procedures provided in Neb. Rev. Stat. §
									64-113
				and 433 NAC 6 007.
Citation: Neb. Rev. Stat. §§
										64-407
				  and
				  64-416.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-017 - CHANGE OF ONLINE NOTARY INFORMATION OR REGISTRATION STATUS

Current through June 17, 2024
017.01 In addition to complying with the
				notification requirements to changes to the Notary Public's information
				required by 433 NAC 6 005. an online notary public must also notify the
				Secretary in writing within forty-five (45) days after any changing Online
				Notary Systems or Approved Online Notary Solution Providers.
017.01(A) The new Approved Online Notary
				Solution Provider must submit an exemplary of the new online notary public's
				electronic signature and the online notary seal to the Secretary for the online
				notary public.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-018 - EXPIRATION OF REGISTRATION: RESIGNATION. CANCELLATION. OR REVOCATION: DEATH OF ONLINE NOTARY PUBLIC: REQUIRED ACTIONS

Current through June 17, 2024
018.01 An
				online notary public, or his or her duly authorized representative, who is
				required to certify that he or she has erased, deleted, or destroyed the
				coding, disk, certificate, card, software, file, password, or program that
				enables the electronic affixation of the online notary public's electronic
				signature and online notary seal, in compliance with Neb. Rev. Stat. §
									64-413.
				shall do so in writing to the Secretary within three months after the
				registration of the online notary public expires, is resigned, canceled, or
				revoked or upon the death of the online notary public.
Citation: Neb. Rev. Stat. 64-413.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-019 - FEES

Current through June 17, 2024
The fee for registering or renewing a registration as an
				  online notary public shall be § 50.00.
Citation: Neb. Rev. Stat. §
									64-405.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-020 - APPLICATIONS AND OTHER FORMS

Current through June 17, 2024
020.01 The
				following forms shall be available for registration as an online notary public:
020.01(A) Initial Online Notary Public
				Registration form:
020.01(B) Online
				Notary Public Renewal Application and Re-Registration form; and
020.01(C) Online Notary Public Solution
				Provider application.