Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 8 - ONLINE NOTARIES PUBLIC › Section 433-8-002 - DEFINITIONS

Current through June 17, 2024
In addition to terms defined in the Online Notary Public Act
				  the following definitions apply for purposes of Chapter 8 of these
				  regulations:
002.01 "Applicant" means
				a person applying for registration as a Nebraska online notary
				public.
002.02 "Approved Online
				Notary Solution Provider" means a person or entity approved to provide an
				Online Notarization System by the Secretary pursuant to the Online 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 Online Notarization System. Biometric
				Authentication technologies include fingerprint scanning devices, retinal
				scanning devices, and handwriting analysis devices.
002.04 "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.
002.05 "Notary Public" means a person
				commissioned as a notary public under Neb. Rev. Stat. §§
									64-101
				to
				64-119.
002.06 "Online Notarization System" means a
				set of applications, programs, hardware. software, or technology designed or
				provided by an Approved Online Notary Solution Provider to enable a Notary
				Public to perform online notarizations.
002.07 "Password Authentication" means
				requiring the user to enter a secret word, phrase, or symbol set in order to
				access and use an Online 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 ("PE.") in order to access and use an Online 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 his or her
				exclusive control", for the purposes of the Secretary's interpretation of the
				requirements of Neb. Rev. Stat. 5 64-410. means "under the online notary
				public's sole control" as defined in this Chapter.
002.11 "Under the online notary public's sole
				control" means accessible by and attributable solely to the online notary
				public to the exclusion of all other persons and entities, either through being
				in the direct physical custody of the online notary public or through being
				secured with one or more Biometric Authentication. Password Authentication.
				Token Authentication, or other authentication technologies in an Online
				Notarization System provided by an Approved Online Notary Solution Provider
				approved pursuant to the Online Notary Public Act and this Chapter.
Citation: Neb. Rev. Stat. §§
										64-402.
				  64-407 and 64-410.