(f) Notification.--
(1) Before a notary public performs the notary public's
initial notarial act under this section, the notary public
must notify the department that the notary public will be
performing notarial acts facilitated by communication
technology and identify the communication technology.
(2) If the department has established standards for
approval of communication technology or identity proofing
under subsection (g) and section 327 (relating to
regulations), the communication technology and identity
proofing must conform to the standards.
(g) Regulations.--In addition to matters listed in section
327, the department may promulgate regulations regarding
performance of a notarial act with respect to a remotely located
individual. The regulations may do all of the following:
(1) Prescribe the means of performing a notarial act
involving communication technology to communicate with a
remotely located individual.
(2) Establish standards for communication technology and
identity proofing. This paragraph includes the use of
credential analysis, dynamic knowledge-based authentication,
biometrics and other means of identification.
(3) Establish requirements or procedures to approve
providers of communication technology and the process of
identity proofing.
(4) Establish standards and periods for the retention of
an audio-visual recording under subsection (b)(4) of the
performance of a notarial act and establish a procedure to
preserve the recording if the notary public dies or is
incapacitated or if the notary public's commission or
authority to perform notarial acts is otherwise suspended or
terminated.
(h) Promotion of uniformity.--Before promulgating or
deleting regulations about the performance of a notarial act
with respect to a remotely located individual, the department
shall consider, if consistent with this chapter, all of the
following:
(1) The most recent standards regarding the performance
of a notarial act with respect to remotely located
individuals promulgated by a national standard-setting
organization. This paragraph includes the National
Association of Secretaries of State.
(2) Standards, practices, and customs of other
jurisdictions which enact a statutory provision
substantially similar to this section.
(3) The views of governmental officials and entities and
other interested persons.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Communication technology." An electronic device or process
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