| (a) Identity proofing and credential analysis must
be performed by a reputable third party who has provided evidence
to the online notary public of the ability to satisfy the requirements
of this chapter.
(b) Identity proofing is performed through dynamic
knowledge based authentication which meets the following requirements:
(1) principal must answer a quiz consisting of a minimum
of five questions related to the principal's personal history or identity,
formulated from public and proprietary data sources;
(2) each question must have a minimum of five possible
answer choices;
(3) at least 80% of the questions must be answered
correctly;
(4) all questions must be answered within two minutes;
(5) if the principal fails their first attempt, they
may retake the quiz one time within 24 hours;
(6) during the retake, a minimum of 60% of the prior
questions must be replaced; and
(7) if the principal fails their second attempt, they
are not permitted to retry with the same online notary public for
24 hours.
(c) Credential analysis is performed utilizing public
and proprietary data sources to verify the credential presented by
the principal.
(d) Credential analysis shall, at a minimum:
(1) use automated software processes to aid the online
notary public in verifying the identity of a principal or any credible
witness;
(2) ensure that the credential passes an authenticity
test, consistent with sound commercial practices that:
(A) Use appropriate technologies to confirm the integrity
of visual, physical or cryptographic security features;
(B) Use appropriate technologies to confirm that the
credential is not fraudulent or inappropriately modified;
(C) Use information held or published by the issuing
source or authoritative source(s), as available, to confirm the validity
of personal details and credential details; and
(D) Provide output of the authenticity test to the
notary public.
(3) Enable the online notary public to visually compare
the following for consistency: the information and photo presented
on the credential itself and the principal as viewed by the online
notary public in real time through audio-visual transmission.
(e) If the principal must exit the workflow, the principal
must meet the criteria outlined in this section and must restart the
identity proofing and credential analysis from the beginning.
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