Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Words and terms used in these rules have the same meaning as in
				the Revised Uniform Law on Notarial Acts,
				RCW
				42.45.010.
"Appear personally" means:
(a) Being in the same physical location as another individual
				and close enough to see, hear, communicate with, and exchange tangible
				identification credentials with that individual; or
(b) For remote notarial acts, being in a different physical
				location from another individual but able to see, hear, and communicate with
				that individual by means of communication technology.
"Commission" is equivalent to the term "license" as defined in
				RCW
				18.235.010(6).
"Department" means the Washington state department of
				licensing.
"Director" means the director of the department of licensing or
				the director's designee.
"Electronic journal" means a chronological record of
				notarizations maintained by a notary public in an electronic format in
				compliance with these rules.
"Electronic notarial acts" means notarizations or notarial acts
				with respect to electronic records.
"Electronic notarial certificate" means the part of, or
				attachment to, an electronic record that is completed by the notary public,
				contains the information required under
				RCW
				42.45.130 and the notary's official stamp,
				bears that notary's electronic signature, and states the facts attested to by
				the notary in a notarization performed on an electronic record.
"Enroll" and "enrollment" mean a process for registering a
				notary public with a technology provider to access and use a tamper-evident
				technology in order to perform electronic notarial acts.
"Principal" means:
(a) An individual whose electronic signature is notarized;
				or
(b) An individual, other than a witness required for an
				electronic notarial act, taking an oath or affirmation from the notary
				public.
"Remote notarial act" means a notarization that is performed
				using audio-video technology that meets the requirements in WAC 308-30-310 that
				allows for direct interaction between the notary and the individuals that are
				remotely located.
"Sole control" means at all times being in the direct physical
				custody of the notary public or safeguarded by the notary with a password or
				other secure means of authentication.
"Tamper-evident technology" means a set of applications,
				programs, hardware, software, or other technologies designed to enable a notary
				public to perform electronic notarial acts and to display evidence of any
				changes made to an electronic record.
"Technology provider" means an individual or entity that offers
				the services of a tamper-evident technology for electronic notarial
				acts.
"Venue" means the state and county where the notary public is
				physically located while performing a notarial act.
Statutory Authority:
				  RCW
				  42.44.190. 06-20-061, § 308-30-020,
				  filed 9/29/06, effective 11/1/06; 93-05-009, § 308-30-020, filed 2/5/93,
				  effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20.
				  85-24-025 (Order PL 571 ), § 308-30-020, filed 11/26/85, effective
				  1/1/86.