Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 7 - ELECTRONIC NOTARIES PUBLIC › Section 433-7-002 - DEFINITIONS

Current through June 17, 2024
In addition to terms defined in the Electronic Notary Public
				  Act the following definitions apply for purposes of Chapter 7 of these
				  regulations:
002.01 "Applicant" means
				a person applying for registration as a Nebraska electronic notary
				public.
002.02 "Approved Electronic
				Notary Solution Provider" means a person or entity approved to provide an
				Electronic Notarization System by the Secretary pursuant to the Electronic
				Notary Public Act.
002.03
				"Biometric Authentication" means proving the identity of a user by requiring
				verification of the user's identity through technologies that require
				measurement and analysis of one or more human physiological or behavioral
				characteristics of the user in order to access and use an Electronic
				Notarization System. Biometric Authentication technologies include fingerprint
				scanning devices, retinal scanning devices, and handwriting analysis
				devices.
002.04 "Electronic
				Notarization System" means a set of applications, programs, hardware, software,
				or technology designed to enable an electronic notary public to perform
				electronic notarizations.
002.05
				"Independently Verifiable" means capable of government or third-party
				authentication of a notarial act, a notary's identity, and a Notary Public's
				relevant authority.
002.06 "Notary
				Public" means a person commissioned as a notary public under Neb. Rev. Stat.
				§§
									64-101
				to
				64-119.
002.07 "Password Authentication" means
				requiring the user to enter a secret word, phrase, or symbol set in order to
				access and use an Electronic Notarization System.
002.08 "Secretary" means the Nebraska
				Secretary of State and his or her designated staff.
002.09 "Token Authentication" means requiring
				use of a physical device in addition to a password or personal identification
				number ("PIN" ) in order to access and use an Electronic Notarization System.
				Physical devices used in Token Authentication technologies include magnetic
				cards or "smart cards" and Universal Serial Bus (USB) memory sticks or "USB
				keys".
002.10 "Under the his or her
				exclusive control e ", for the purposes of the Secretary's interpretation of
				the requirements of Neb. Rev. Stat. §
									64-310, means "under the
				electronic notary public's sole control" as defined in this Chapter.
002.11 "Under the electronic notary public's
				sole control" means accessible by and attributable solely to the electronic
				notary public to the exclusion of all other persons and entities, either
				through being in the direct physical custody of the electronic notary public or
				through being secured with one or more Biometric Authentication. Password
				Authentication, Token Authentication, or other authentication technologies in
				an Electronic Notarization System provided by an Approved Electronic Notary
				Public Solution Provider approved pursuant to the Electronic Notary Public Act
				and this Chapter.
Citation: Neb. Rev. Stat. §§
										64-304. 64-310 and
				  64-316.