A. The secretary of state may adopt rules to implement the secretary’s responsibilities pursuant to the Revised Uniform Law on Notarial Acts. 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:

(1)     prescribe the manner of performing notarial acts regarding tangible and electronic records;

(2)     include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

(3)     include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;

(4)     prescribe the process of granting or renewing a notary public commission; (5)     include provisions to prevent fraud or mistake in the performance of notarial acts;

(6)     establish the process for approving and accepting surety bonds and other forms of assurance pursuant to Subsection D of Section 14-14A-20 N.M. Stat. Ann.;

(7)     provide for the administration of the examination pursuant to Subsection A of Section 14-14A-21 N.M. Stat. Ann. and the course of study pursuant to Subsection B of Section 14-14A-21 N.M. Stat. Ann.; and

(8)     provide for the administration of continuing legal education for notarial officers authorized to practice law in this state in collaboration with the board of bar commissioners of the state of New Mexico and pursuant to rules adopted by the board of bar commissioners of the state of New Mexico.

B. 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 the Revised Uniform Law on Notarial Acts:

(1)     the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;

(2)     standards, practices and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts; and

(3)     the views of governmental officials and entities and other interested persons.

C. The state ethics commission may adopt rules to implement the commission’s responsibilities pursuant to the Revised Uniform Law on Notarial Acts. The rules may:

(1)     prescribe the process of submitting a complaint;

(2)     provide for the administration of the adjudication of complaints;

(3)     prescribe the procedure by which the state ethics commission shall handle complaints;

(4)     prescribe the procedure the state ethics commission shall follow in approving a hearing officer’s recommendation; and

(5)     prescribe the procedure of appealing the state ethics commission’s determination.