reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-7 - Registration and Termination of Committee; Disposal of Excess Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Before
				accepting any contribution or obligating any expenditure, the committee must
				register with the Secretary of State providing all information required by W.
				Va. Code §
									3-8-2c(f)(2).
7.2. A Committee may terminate by filing a
				notice with the Secretary of State after all obligations have been met and all
				monies have been distributed.
7.3.
				Before terminating the committee, any unspent or unobligated funds may be
				contributed by the committee to any educational, cultural or charitable
				organization.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-44 - Regulation of Late Voter Registration › Section 153-44-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for late voter registration of any member of a uniformed service
				of the United States who is active or was discharged 60 days preceding an
				election, any member of the Merchant Marine, any person residing overseas by
				virtue of his or her employment in support of national security functions or
				purposes, and the spouse or dependent(s) residing with one of the above, within
				the 20 days immediately preceding an election.
1.2. Authority. -- W. Va. Code §
									3-2-6a.
1.3. Filing Date. -- June 3, 2013.
1.4. Effective Date. -- June 3,
				2013.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-44 - Regulation of Late Voter Registration › Section 153-44-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "HAVA Approved
				Identification" means documentation approved in the Help America Vote Act of
				2002 as appropriate identification to register to vote. This includes current
				and valid photo identification, utility bill, bank statement, government check,
				paycheck, or other government document that shows the name and address of the
				voter.
2.2."Voter Affidavit" means
				the document to be signed by the voter which verifies their eligibility to
				participate in late voter registration.
2.3. "Employer Affidavit" means the document
				provided by the employer of a person returning from overseas which verifies
				their eligibility to participate in late registration.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-44 - Regulation of Late Voter Registration › Section 153-44-3 - Uniformed service member on active duty, uniformed service member who has been discharged and a member of the Merchant Marine

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.Process for a member of a uniformed
				service of the United States on active duty, a member of a uniformed service of
				the United States who has been discharged from active duty during the 60 days
				preceding the election and a member of the Merchant Marine of the United States
				is as follows.
3.2.The applicant
				shall file a voter registration form in person at the clerk of the county
				commission office.
3.3.The
				applicant shall filea voter affidavit prescribed by the Secretary of
				State.
3.4.The applicant shall
				present to the clerk of the county commission HAVA approved identification at
				the time of registration.
.
3.5.The
				applicant shall present to the clerk of the county commission an official
				discharge notice or military orders.
3.6.The applicant will vote a provisional
				absentee ballot by mail which will be counted by the board of canvassers unless
				the clerk of the county commission determines that the voter failed to meet the
				eligibility requirements.
3.7.The
				clerk of the county commission shall confirm the address of the applicant upon
				receipt of the absentee ballot.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-44 - Regulation of Late Voter Registration › Section 153-44-4 - Overseas because of employment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.Process for a person who was residing
				overseas because of employment in support of national security is as
				follows
4.2.The applicant shall
				file a voter registration form in person at the clerk of the county commission
				office.
4.3.The applicant shall
				file a voter affidavit prescribed by the Secretary of State.
4.4. The applicant shall present to the clerk
				of the county commission HAVA approved identification at the time of
				registration.
4.5. The applicant
				shall present to the clerk of the county commission, at the time of
				registration,anotarizedemployer affidavit completed by their employer that
				certifies the applicant's job was in support of national security. A copy of
				the original employer affidavit is acceptable.
4.6. The applicant will vote a provisional
				absentee ballot by mail which will be counted by the board of canvassers unless
				the clerk of the county commission determines that the voter failed to meet the
				eligibility requirements.
4.7.The
				clerk of the county commission shall confirm the address of the applicant upon
				receipt of the absentee ballot
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-44 - Regulation of Late Voter Registration › Section 153-44-5 - A spouse or dependent of a member of a uniformed service, a member of the Merchant Marine, and residing overseas because of employment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Process of a spouse or dependent of a
				member of a uniformed service of the United States on active duty, a member of
				a uniformed service of the United States who has been discharged from active
				duty during the 60 days preceding the election, a member of the Merchant Marine
				of the United States, and a person who was residing overseas because of
				employment which was in support of national security is as follows.
5.2. The applicant shall file a voter
				registration form in person at the clerk of the county commission
				office.
5.3. The applicant shall
				file a voter affidavit prescribed by the Secretary of State.
5.4. The applicant shall present to the clerk
				of the county commission HAVA approved identification at the time of
				registration.
5.5.The applicant
				shall present to the clerk of the county commission,at the time of
				registration,one of the following documents, a copy of an official discharge
				notice or military orders for the uniformed service member or a notarized
				affidavit from thespouse's/parent's employer.
5.6. The applicant will vote a provisional
				absentee ballot by mail which will be counted by the board of canvassers unless
				the clerk of the county commission determines that the voter failed to meet the
				eligibility requirements.
5.7. The
				clerk of the county commission shall confirm the address of the applicant upon
				receipt of the absentee ballot.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for electronic notarization and remote online
				notarization of electronic documents, as well as remote ink notarization of
				paper documents.
1.2. Authority. --
				W. Va. Code §§
									39-4-25,
				39-4-37(h) and 39-4-38(g).
1.3.
				Filing Date. -- May 11, 2022.
1.4.
				Effective Date. -- May 11, 2022.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on August 1, 2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-3 - Registration with the Secretary of State

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A notary public shall register the
				capability to perform electronic notarial acts, remote online notarial acts,
				and remote ink notarial acts, with the Secretary of State before
				notarizing.
3.2. Upon
				recommissioning, a notary public shall again register as an electronic notary
				with the Secretary of State before notarizing or witnessing
				electronically.
3.3. A person may
				apply or reapply for a notary commission and register or reregister to perform
				electronic notarial acts at the same time.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-4 - Term of Registration of Electronic Notary

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The term of registration of an
				electronic notary public begins on the registration starting date set by the
				Secretary of State and continues as long as the notary's commission remains in
				effect or until registration is terminated under sections 24 or 26 of this
				rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-5 - Authorization Form for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To
				register the capability to perform electronic notarial acts, remote online
				notarial acts, or remote ink notarial acts, a notary public shall sign and
				submit to the Secretary of State a form prescribed by the Secretary of State
				which includes the following information:
5.1.1. A description of each separate means
				that will be used to produce electronic signatures and electronic notary seals,
				where applicable;
5.1.2. The names
				of any licensing authorities or companies issuing the means for producing the
				electronic signatures and seals, the source of each license, and the starting
				and expiration dates of each pertinent certificate, software, or process, where
				applicable;
5.1.3. An explanation
				of any revocation, annulment, or other premature termination of any
				certificate, software, or process ever issued or registered to the applicant to
				produce an electronic signature or seal; and
5.1.4. A declaration that the notary public
				will use the means issued or authorized for issuance by the Secretary of State
				for producing an electronic notary seal, where applicable.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-6 - Registration of Multiple Means

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Under section five of this rule, a
				notary public may register at the same, or at different times, one or more
				respective means for producing electronic signatures and electronic notary
				seals, remote online notarization, remote ink notarization, or single elements
				combining the required, consistent with the requirements cited elsewhere in
				this rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-7 - Material Misstatement or Omission of Fact

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Secretary of State shall deny
				registration to any applicant submitting a registration form that contains a
				material misstatement or omission of fact.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-8 - Authorized Electronic Notarial Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The following notarial acts may be
				performed electronically:
8.1.1. Taking an
				acknowledgment;
8.1.2.
				Administering an oath or affirmation;
8.1.3. Witnessing or attesting a
				signature;
8.1.4. Certifying or
				attesting a copy; and
8.1.5. Noting
				a protest of a negotiable instrument.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-9 - Requirements for Electronic Notarial Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An electronic notary public shall
				perform an electronic notarization only if the individual seeking a notarial
				act:
9.1.1. Is in the presence of the notary
				at the time of notarization;
9.1.2.
				Is personally known to the notary or identified by the notary through
				satisfactory evidence as prescribed in W. Va. Code §
										39-4-7;
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-10 - All Notary Rules Apply

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In
				performing electronic notarial acts, an electronic notary shall adhere to all
				applicable rules governing notarial acts provided in this rule, 153 CSR 46A,
				and W. Va. Code §
									39-1-1,
et seq
.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-11 - Completion of Electronic Notarial Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In performing an electronic notarial
				act, the notary shall properly complete an electronic notarial
				certificate.
11.2. A proper
				electronic notarial certificate must contain:
11.2.1. Completed wording appropriate to the
				particular electronic notarial act, as prescribed in section 11.3 of this
				rule;
11.2.2. A registered
				electronic signature; and
11.2.3. A
				registered electronic notary seal, which must include:
11.2.3.a. The words "Official
				Seal;"
11.2.3.b. The words
				"Electronic Notary Public";
11.2.3.c. The words "State of West
				Virginia;"
11.2.3.d. The notary
				public's name as it is spelled on the commissioning document;
11.2.3.e. The notary public's address as it
				is listed on the commissioning document;
11.2.3.f. The commission expiration date of
				the electronic notary;
11.2.3.g. An
				image of the West Virginia State Seal; and
11.2.3.h. The commission or registration
				number of the electronic notary.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-12 - Electronic Signature and Seal Attributed to Notary

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. In notarizing an electronic document,
				except for a remote ink notarial act, the notary shall attach to, or logically
				associate with, the electronic notarial certificate a registered electronic
				signature and a registered electronic notary seal, or a registered single
				element in conformance with section six of this rule, in such a manner that the
				signature and the seal, or the single element, are attributed to the notary as
				named on the commission.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-13 - Attributes of Registered Electronic Signature

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A registered electronic signature must
				be:
13.1.1. Unique to the electronic notary
				public;
13.1.2. Capable of
				independent verification;
13.1.3.
				Attached to or logically associated with an electronic notarial certificate in
				such a manner that any subsequent alteration of the certificate or underlying
				electronic document prominently displays evidence of the alteration;
				and
13.1.4. Attached or logically
				associated by a means under the electronic notary's sole control.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-14 - Signature of Registered Electronic Notary Seal

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. At all times the means for producing
				registered electronic notary seals, or registered single elements as described
				in section six of this rule, must be kept under the sole control of the
				electronic notary.
14.2. If the
				means for producing registered electronic notary seals, or registered single
				elements as described in section six of this rule are accessed by a username
				and password, the electronic notary must maintain sole control of the access
				information.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-15 - Employer Shall Not Use or Control Means

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. An employer of an electronic notary
				shall not use or control the means for producing registered electronic
				signatures and notary seals, or registered single elements combining the
				required features of both, nor upon termination of a notary's employment,
				retain any software, coding, disk, certificate, card, token, or program that is
				intended exclusively to produce a registered electronic signature, notary seal,
				or combined single element, whether or not the employer financially supported
				the employee's activities as a notary.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-16 - Non-Notarial Use

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A registered
				electronic signature may be used by the electronic notary for lawful purposes
				other than performing electronic notarizations, provided that neither the title
				"notary" nor any other indication of status as a notarial officer is part of
				the signature.
16.2. Neither a
				registered electronic notary seal nor a combined single element containing the
				seal may be used by the electronic notary for any purpose other than performing
				lawful electronic notarizations.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-17 - Maintaining Journal of Notarial Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A notary public who performs an
				electronic notarial act, remote online notarial act, or remote ink notarial
				act, may keep, maintain, protect, and provide for lawful inspection a
				chronological journal of notarial acts that is either:
17.1.1. A permanently bound book with
				numbered pages; or
17.1.2. An
				electronic journal of notarial acts as described in section 18 of this
				rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-18 - Attributes of Electronic Journal

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. An electronic journal of notarial acts
				shall:
18.1.1. Allow journal entries to be
				made, viewed, printed out, and copied only after access is obtained by a
				procedure that uses a username and a password;
18.1.2. Not allow a journal entry to be
				deleted or altered in content or sequence by the notary or any other person
				after a record of the notarization is entered and stored; and
18.1.3. Have a backup system in place to
				provide a duplicate record of notarial acts as a precaution in the event of
				loss of the original record.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-19 - Form of Evidence of Authority of Electronic Notarial Act

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. On a
				notarized electronic document transmitted to another country or nation,
				electronic evidence of the authenticity of the registered electronic signature
				and seal of an electronic notary public of this state, if required, must be in
				the form of an electronic certificate of authority signed by the Secretary of
				State in conformance with any current and pertinent international treaties,
				agreements, and conventions subscribed by the government of the United
				States.
19.2. The electronic
				certificate of authority described in section 19.1 must be attached to or
				logically associated with the electronically notarized document in such a
				manner that any subsequent alteration of the notarized document, or removal or
				alteration of the electronic certificate of authority, produces evidence of the
				change.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-20 - Certificate of Authority for Electronic Notarial Act

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An electronic certificate of authority
				evidencing the authenticity of the registered electronic signature and seal of
				an electronic notary public of this state must be in substantially the
				following form:
Certificate of Authority for Electronic Notarial Act
I, (name and title of commissioning official), certify that
				  (name of electronic notary public), the person named as Electronic Notary
				  Public in the attached, associated, or accompanying electronic document, was
				  registered as an Electronic Notary Public for the State of West Virginia and
				  authorized to act as such at the time the document was electronically
				  notarized. I also certify that the document bears no evidence of illegal or
				  fraudulent alteration.
To verify this Certificate of Authority for an Electronic
				  Notarial Act, I have included herewith my electronic seal and signature this
				  _____day of ________, 20____.
(Electronic seal and signature of Secretary of
				  State)
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-21 - Change of E-Mail Address

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				Within five business days after the change of a notary public's email address,
				the notary shall electronically transmit to the Secretary of State a notice of
				the change. The email must include the notary public's notary identification
				number issued by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-22 - Change of Registration Data

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Any change or addition to the data on
				the registration form described in section five must be reported within 10 days
				to the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-23 - Change of Means of Production

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Upon becoming aware that the status,
				functionality, or validity of the means for producing a registered electronic
				signature, notary seal, remote online notarial act, remote ink notarial act, or
				single element combining the signature and seal, has changed, expired,
				terminated, or become compromised, the notary shall:
23.1.1. Immediately notify the Secretary of
				State;
23.1.2. Cease producing
				seals or signatures in notarizations using that means;
23.1.3. Perform notarizations only with a
				currently registered means or another means that has been registered within 30
				days; and
23.1.4. Dispose of any
				software, coding, disk, certificate, card, token, or program that has been
				rendered defunct, in the manner described in section 25.1 of this
				rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-24 - Termination of Electronic Notary Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Any revocation, resignation,
				expiration, or other termination of the commission of a notary public
				immediately terminates any existing registration as an electronic notary,
				remote online notary, or remote ink notary.
24.2. A notary's decision to terminate
				registration as an electronic notary, remote online notary, or remote ink
				notary, shall not automatically terminate the underlying commission of the
				notary.
24.3. A notary who
				terminates registration as an electronic notary, remote online notary, or
				remote ink notary, shall notify the Secretary of State in writing and dispose
				of any pertinent software, coding, disk, certificate, card, token, or program
				as described in section 25 of this rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-25 - Disposition of Software and Hardware

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. When the commission of an electronic
				notary, remote online notary, or remote ink notary, expires or is resigned or
				revoked, when registration terminates as an electronic notary, remote online
				notary, or remote ink notary, or when a notary dies, the notary or the notary's
				duly authorized representative, within 30 business days, shall permanently
				erase or expunge the software, coding, disk, certificate, card, token, or
				program that is intended exclusively to produce registered electronic notary
				seals, perform remote online notarial acts or remote ink notarial acts,
				registered single elements combining the required features of an electronic
				signature and notary seal, or registered electronic signatures that indicate
				status as a notary.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-26 - Causes for Denial, Conditioning, Suspension, or Termination of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				The Secretary of State shall deny, condition, suspend, or terminate
				registration as an electronic notary, remote online notary, or remote ink
				notary, for any of the following reasons:
26.1.1. Submission of a registration form
				containing material misstatement or omission of fact;
26.1.2. Failure to obtain or maintain the
				capability to perform electronic notarial acts, remote online notarial acts, or
				remote ink notarial acts, except as allowed in section 24 of this rule;
				or
26.1.3. The notary's performance
				of official misconduct.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-27 - Remote Online Notarial Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Remote online notarial acts, including the procedures for properly identifying
				the parties, shall be performed for a remotely located individual pursuant to
				the standards and procedures set forth in W. Va. Code § 39-4-37.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-45 - Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization › Section 153-45-28 - Remote Ink Notarial Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				Remote ink notarial acts performed for a remotely located individual, including
				the procedures for properly identifying the parties, shall be performed
				pursuant to the standards and procedures set forth in W. Va. Code §
				39-4-38.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-46A - Commissioners for West Virginia › Section 153-46A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes the intent for those with a current, valid Commissioner for
				West Virginia registration on file with the Secretary of State's Office, as
				described in the now repealed W. Va. Code §
									29-4-12,
				upon the passage of HB 4012 from the 2014 Legislative Session.
1.2. Authority. - W. Va. Code §
									39-4-25.
1.3. Filing Date. - September 11,
				2015
1.4. Effective Date. - October
				11, 2015
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-46A - Commissioners for West Virginia › Section 153-46A-2 - Power of Commissioner Appointed Under the Now Repealed W. Va. Code Section 29-4-12

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. When any
				oath may lawfully be administered, or affidavit or deposition taken, within the
				state, territory or district for which any such commissioner is appointed, to
				be used in this state, it may be done by such commissioner.
2.2. Such commissioners, under regulation
				prescribed by law, may take, within or any place out of the State of West
				Virginia, the acknowledgments of deeds and other writings to be admitted to
				record in the state of West Virginia.
2.3. A commissioner, in performing notarial
				acts on or after July 1, 2014, shall comply with the provisions of W. Va. Code
				§39-4, with the exception of the stamp required by section seventeen of
				that article, per W. Va. Code §
									39-4-26(b).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-46A - Commissioners for West Virginia › Section 153-46A-3 - Seal of Such Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Each commissioner shall have an official seal which shall be a rubber stamp and
				shall contain:
3.1.a. The words "Official
				Seal";
3.1.b. The words
				"Commissioner for West Virginia";
3.1.c. The commissioner's name exactly as it
				is written as an official signature;
3.1.d. The city and state of residence of the
				commissioner.
3.1.e. The words "My
				Commission Expires" and the date of expiration of the commission.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-46A - Commissioners for West Virginia › Section 153-46A-4 - Renewing a Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				commissioner holding a current, valid registration at the time of HB 4012
				becoming effective on July 1, 2014 may continue to act as a commissioner until
				the expiration of that term per W. Va. Code §
									39-4-26(b).
4.1.a. No renewal of this registration will
				be accepted.
4.1.b. No new
				applications for this registration will be accepted.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules provide the procedures for administrative hearings for the purpose
				of conditioning, suspension or revocation of a commission of a notary public or
				the registration of an electronic notary public by the Secretary of
				State.
1.2. Authority. -- W. Va.
				Code ''39-4-25 and 29A-5-1,
et seq.
1.3. Filing Date. - August 1, 2014
1.4. Effective Date. -- August 1,
				2014
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. "Commission"
				means the authority granted by the Secretary of State to an individual for the
				purpose of performing notarial acts as defined in W.Va. State Code §
				39-4-2(5).
1.2. "Registration"
				means the authority granted by the Secretary of State to an individual for the
				purpose of performing electronic notarial acts as set forth in W.Va. State Code
				§ 39-4-19.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-3 - Request For Hearing Following Denial, Conditioning, or Suspension of Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				individual denied a commission as a notary public or registration as an
				electronic notary public may request a hearing.
3.2. An individual whose commission or
				registration has been conditioned or suspended may request a hearing.
3.3. The request shall be in writing and
				shall specify the reasons for the request and the relief sought.
3.4. Requests for a hearing following denial,
				conditioning, or suspension of a commission or registration must be received by
				the Secretary of State within fifteen (15) days from the date the applicant
				receives the denial letter as indicated by the return receipt.
3.5. The Secretary of State may deny a
				hearing under this section if the request is received after the fifteen (15)
				day period.
3.6. Receipt of a
				request for a hearing by the Secretary of State shall begin the hearing
				process.
3.7. The requested hearing
				shall be held within forty-five (45) days from the receipt of the request by
				the Secretary of State.
3.8. A
				notice of the hearing shall be served upon the party requesting the hearing at
				least thirty (30) days prior to the hearing and shall be delivered return
				receipt by USPS certified mail.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-4 - Reapplication Following Denial of Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary of State shall not accept
				any reapplication from any applicant who has been denied a commission or
				registration until one (1) year has passed from the date of the denial of
				commission or registration unless the applicant can clearly demonstrate or
				document corrections or compliance with the conditions or terms which caused
				the denial.
4.2. If an applicant
				reapplies for a commission or registration within one (1) year from the date of
				the denial and does not demonstrate or document such corrections or compliance,
				then the applicant shall not be entitled to a hearing on the Secretary of
				State's refusal to accept the reapplication.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-5 - Required Hearings Prior To Revocation; Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to any revocation, the Secretary
				of State shall notify the person affected of the intent to revoke the
				commission or registration, or both.
5.2. The notice shall contain a short, plain
				statement of the matters asserted; the date, time and place of hearing and a
				statement of intention to appoint a hearing examiner, if one is to be appointed
				pursuant to Section 10 of these rules.
5.3. Notice shall be received by the party
				affected at least thirty (30) days prior to the hearing and shall be delivered
				return receipt requested by USPS certified mail.
5.4. The hearing shall be held within
				forty-five (45) days of the receipt of the notice by the party affected, as
				indicated by the return receipt requested.
5.5. Failure to appear, unless granted a
				continuance, on the date and at the time of the hearing considered a default
				and a conditioning, suspension, or revocation shall be entered and put into
				effect.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-6 - Conduct Of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				party shall have the right to be represented by an attorney-at-law, duly
				qualified to practice in the State of West Virginia.
6.2. The Secretary of State may be
				represented by the office of the Attorney General.
6.3. The rules of evidence as applied in
				civil cases in the circuit court of this State shall be followed.
6.4. When necessary to ascertain facts not
				reasonably susceptible to proof under said rules of evidence, evidence not
				admissible thereunder shall be admitted, except where precluded by statute, if
				it is of a type commonly relied upon by reasonably prudent men in the conduct
				of their affairs.
6.5. The agency
				shall be bound by the rules of privilege recognized by law.
6.6. Documentary evidence may be received in
				the form of copies or excerpts or by incorporation of reference.
6.7. Initially the agency shall be given
				opportunity to present evidence, including testimony, papers, records, agency
				staff memoranda and documents in the possession of the agency in support of its
				position.
6.8. Every party shall
				have the right of cross-examination of witnesses who testify, and following the
				conclusion of the agency's presentation, shall have the right to submit
				rebuttal evidence.
6.9. The
				Secretary of State shall have the right to cross-examine witnesses providing
				rebuttal testimony.
6.10.
				Following the presentation of all the evidence, every party, including the
				Secretary of State, shall have the right to offer argument, not to exceed a
				reasonable time limit as determined by the Secretary or the hearing
				examiner.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-7 - Continuation Or Delay Of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Hearings may be continued or delayed by
				request of any party to the Secretary of State or at the request of the
				Secretary of State.
7.2. Each
				party, including the Secretary of State, shall be permitted only one (1) motion
				to continue or delay a hearing.
7.3. Any continuance or delay shall not
				exceed thirty (30) days from the last scheduled date of the hearing.
7.4. A motion to continue or delay must be
				received by all parties affected at least two (2) days prior to the date of the
				hearing that is to be continued or delayed. Any motion to continue that does
				not meet this standard will be disregarded.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-8 - Transcription Of Reported Testimony And Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Content of Transcript. -- All testimony,
				evidence, arguments and rulings on the admissibility of testimony and evidence
				shall be reported by stenographic notes and characters or by mechanical
				means.
8.2. Request from any party.
				-- Upon the request to the Secretary from any party to the hearing, all
				reported materials shall be transcribed and a copy thereof furnished to such
				party at the requesting party's expense.
8.3. Transcription in the event a hearing
				examiner is appointed. -- In all cases where a hearing examiner is appointed,
				all reported material shall be transcribed and forwarded to the Secretary. Any
				parties requesting a copy of a transcript prepared pursuant to this subsection
				shall be furnished a copy at their expense.
8.4. Responsibility for transcript. -- The
				Secretary shall have the responsibility for making arrangements for the
				transcription of the reported testimony and evidence. In the event
				transcription is required pursuant to this section it shall be accomplished
				with all dispatch.
8.5. Correction
				of error in transcript. -- Upon the motion of the Secretary of any party
				assigning error or omission in any part of any transcript, the Secretary or his
				duly appointed hearing examiner shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and revised in the respects designated,
				so as to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-9 - Submission Of Proposed Findings Of Fact And Conclusions Of Law; Time For Submission

Current through Register Vol. XLI, No. 28, July 12, 2024
Any party may submit to the Secretary proposed findings of
				  fact and conclusions of law within thirty (30) days of the conclusion of a
				  hearing or, in the event the proceedings of a hearing are transcribed, within
				  twenty (20) days from the date the final transcript is
				  available.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-10 - Appointment Of Hearing Examiner;Function Of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may, in his or her discretion, appoint a
				  hearing examiner who shall be empowered to subpoena witnesses and documents,
				  administer oaths and affirmations, to examine witnesses under oath, to rule on
				  evidentiary questions, to hold conferences for the settlement or simplification
				  of issues by consent of the parties and to otherwise conduct hearings as
				  provided in Section 6 of these rules.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-11 - Conferences; Informal Disposition Of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
At any time prior to the hearing or thereafter, the Secretary
				  or his or her duly appointed hearing examiner may hold conferences:
(a) To dispose of procedural request or
				similar matters;
(b) To simplify or
				settle issues by consent of the parties; or
(c) To provide for the informal disposition
				of cases by stipulation, agreed settlement or consent order.
The Secretary or his or her duly appointed hearing examiner
				  may cause such conferences to be held on his or her own motion or by the
				  request of a party.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-12 - Depositions Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
Evidentiary depositions may be taken and read into evidence
				  as in civil actions in the circuit courts of this State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-13 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Where
				permitted. -- The Secretary or his or her duly appointed hearing examiner shall
				have the power to issue subpoenas or subpoenas duces tecum pursuant to the
				provisions set forth in W. Va. Code '29A-5-1b.
13.2. Time for requesting the issuance of
				subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces
				tecum as provided in Subsection 13.1 of this section shall be made no later
				than ten (10) days prior to a scheduled hearing.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-14 - Orders; Content

Current through Register Vol. XLI, No. 28, July 12, 2024
Every final order entered by the Secretary, following a
				  hearing conducted pursuant to these rules, shall be made pursuant to the
				  provisions of W. Va. Code §
									29A-5-3. Such
				  orders shall be entered within forty-five (45) days following the submission of
				  all documents and materials necessary for the proper disposition of the case,
				  including transcripts and proposed findings of fact and conclusions of
				  law.