Maine Code § 4-1928

Rules
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1. Rules. The Secretary of State may adopt rules to implement this chapter. Rules adopted
regarding the performance of notarial acts with respect to electronic records may not require, or accord
greater legal status or effect to, the implementation or application of a specific technology or technical
specification. The rules may:
A. Prescribe the manner of performing notarial acts regarding tangible and electronic records; [PL
2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
B. Include provisions to ensure that any change to or tampering with a record bearing a certificate
of a notarial act is self-evident; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A,
§8 (AFF).]
C. Include provisions to ensure integrity in the creation, transmittal, storage and authentication of
electronic records or signatures; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A,
§8 (AFF).]
D. Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a
notary public commission and assuring the trustworthiness of an individual holding a notary public
commission; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
E. Include provisions to prevent fraud or mistake in the performance of notarial acts; and [PL
2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
F. Provide for the administration of the examination under section 1923, subsection 1 and the
course of study under section 1923, subsection 2. [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021,
c. 651, Pt. A, §8 (AFF).]
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
2. Rulemaking considerations. In adopting, amending or repealing rules about notarial acts with
respect to electronic records, the Secretary of State shall consider, so far as is consistent with this
chapter:
A. The most recent standards regarding electronic records promulgated by national bodies, such
as a national association of secretaries of state; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021,
c. 651, Pt. A, §8 (AFF).]
B. Standards, practices and customs of other jurisdictions that enact provisions substantially similar
to this chapter; and [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
C. The views of governmental officials and entities and other interested persons. [PL 2021, c.
651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
3. Routine technical rules. Rules adopted pursuant to this section are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]

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