§ 327. Regulations.
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§ 327. Regulations.
(a)Authority.-- Except as provided in section 329.1(a)(relating to fees of notaries public), the department may promulgate regulations to implement this chapter. Regulations 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. Regulations 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, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.
(5)Include provisions to prevent fraud or mistake in the performance of notarial acts.
(6)Establish the process for approving and accepting surety bonds under section 321(d) (relating to appointment and commission as notary public; qualifications; no immunity or benefit).
(7)Provide for the administration of the examination under section 322(a) (relating to examination, basic education and continuing education) and the course of study under section 322(b).
(7.1) Require applicants for appointment and commission as notaries public to submit criminal history record information as provided in 18 Pa.C.S. Ch. 91 (relating to criminal history record information) as a condition of appointment.
(8)Include any other provision necessary to implement this chapter.
(b)Considerations.-- In promulgating regulations about notarial acts with respect to electronic records, the department shall consider, so far as is consistent with this chapter:
(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 states which substantially enact the Revised Uniform Law on Notarial Acts; and
(3)the views of governmental officials and entities and other interested persons.
57c327v
(July 9, 2014, P.L.1035, No.119, eff. imd.)
2014 Amendment. Act 119 added subsec. (a)(7.1). See section 3 of Act 119 in the appendix to this title for special provisions relating to application for appointment.
Effective Date. Section 5(1)(ii) of Act 73 of 2013 provided that section 327 shall take effect immediately.
Cross References. Section 327 is referred to in sections 306.1, 315, 320 of this title.
57c328s