28-370. Oaths and acknowledgments; power of attorney; definitions

341 words·~2 min read·/az/title-28/28-370

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The director and officers, agents and employees of the department who the director designates may administer oaths and acknowledge signatures, without requiring the payment of a fee, in any matter connected with the administration of a law the enforcement of which is vested in the director.

B. Notwithstanding title 14, chapter 5, article 5:

1. The director or an officer, agent or employee of the department who is designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities.

2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be:

(a)Notarized if it is witnessed by the director or an officer, agent or employee of the department who is designated by the director.

(b)Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 or an agent submits it electronically to the department in a manner approved by the director. The power of attorney may be signed electronically and printed on hard copy by using a commercial product that validates a person's identity by using the national institute of standards and technology's identity assurance level 2 or higher authorization without biometrics. A notation directly associated with the electronic signature at or near the signature line on the form shall indicate that the electronic signature was obtained using the national institute of standards and technology's identity assurance level 2 or higher authentication process.

(c)Witnessed if it is notarized.

C. For the purposes of this section:

1. "Agent" includes a motor vehicle dealer or a third party authorized pursuant to this title.

2. "Sign electronically" means to attach to or logically associate with an electronic record an electronic sound, symbol or process that is used by a person to execute or adopt the electronic record with the intent to sign the electronic record without the requirement of a physical touch.