(a) The lieutenant governor shall adopt regulations under Alaska Stat. Chapter 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.
Terms Used In Alaska Statutes 44.50.072
communication technology: means an electronic device or process that (A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound. See Alaska Statutes 44.50.200
electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alaska Statutes 44.50.200
Fraud: Intentional deception resulting in injury to another.
identity proofing: means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources. See Alaska Statutes 44.50.200
record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Alaska Statutes 44.50.200
(b) The regulations adopted by the lieutenant governor under this section must provide standards for
(1)communication technology and identity proofing; and(2) sufficient forms of notarial certificates for notarial acts performed for remotely located individuals.(c) The regulations adopted by the lieutenant governor under this section may
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;(2) include provisions to ensure that a change to or tampering with a record bearing a notarial certificate is self-evident;(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; and(4) include provisions to prevent fraud or a mistake in the performance of notarial acts.(d) In adopting, amending, or repealing a regulation regarding notarial acts with respect to electronic records, the lieutenant governor shall consider, so far as is consistent with this chapter,
(1) the most recent standards regarding electronic records adopted by national bodies;(2) standards, practices, and customs of other jurisdictions with substantially similar provisions; and(3) the views of other governmental officials and entities and other interested persons.(e) A regulation adopted by the lieutenant governor 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.
