OAR 160-100-0805
Credential Analysis and Authentication for Remote Online Notarization


(1)

The requirement for at least two different types of identity proofing under ORS 194.240 (Identification of individual) is satisfied if the notary public identifies a remotely located individual in accordance with the requirements of this section.

(2)

Credential analysis must be provided by a reputable third-party remote online notarization vendor or software tool that can demonstrate proven credential analysis processes and shall employ technology that provides the following:

(a)

The signer’s identity must be linked to the signer following successful knowledge-based authentication; and

(b)

Remote online notarization shall provide for human visual comparison between the signer and the signer’s identification presented to the notary.

(3)

Remote online notarization providers shall use an automated software process to aid the notary in verifying each signer’s identity.

(a)

The identification shall pass an authenticity test that:

(A)

Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;

(B)

Uses appropriate technologies to confirm that the identification is not fraudulent or inappropriately modified;

(C)

Uses information held or published by the issuing source or authoritative source, as available, to confirm the validity of the identification details; and,

(D)

Provides the result of the authenticity test to the notary.

(b)

The credential analysis procedure shall enable the notary to visually compare the following for consistency:

(A)

The information and photo on the identification image presented; and

(B)

The signer as viewed by the notary in real time through the audio/video system.

(c)

If the notary public is unable to validate the identification of the signer, or to match the signer’s physical features with the credential, the notary public shall not complete the notarial act.

(d)

The identification shall meet the requirements of ORS 194.240 (Identification of individual)

(e)

All identification images necessary to perform visual inspection and credential analysis shall be captured and the notary shall confirm that:

(A)

The signer is in possession of the identification at the time of the notarial act;

(B)

The identification images submitted for credential analysis have not been manipulated; and

(C)

The identification images match the identification in the signer’s possession.

(f)

The following general principles shall be considered in the context of image resolution:

(A)

Image resolution shall be sufficient for the issuing source or authoritative source to perform credential analysis per the requirements above; and

(B)

Image resolution shall be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other identification features; and

(4)

Knowledge-based authentication procedure must meet the following requirements:

(a)

Each signer must answer questions and achieve a passing score. The procedure must include:

(A)

Five multiple choice questions, drawn from public or private data sources.

(B)

A minimum of five possible answer choices per question.

(C)

Require that 80% of the questions are correctly answered within two minutes by the signer.

(b)

Each signer is to be provided a reasonable number of attempts per signing session.

(A)

If a signer fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.

(B)

During any quiz retake, a minimum of 40% (2) of the prior questions shall be replaced.

(c)

If biometric sensing technologies are used for remote online notarization in the areas of authentication, credential analysis, and identity proofing verification may include facial, voice, and fingerprint recognition.
(5) If a signer exits the notarial act during the notarial act, they shall restart the credential analysis and knowledge-based authentication workflow from the beginning.

Source: Rule 160-100-0805 — Credential Analysis and Authentication for Remote Online Notarization, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=160-100-0805.

160–100–0000
Definitions
160–100–0010
Date of Mailing
160–100–0020
Name of Notary Public
160–100–0030
Signature of Notary Public
160–100–0040
Administrative Services Fees
160–100–0100
Description of Imprint of Official Stamp
160–100–0110
Use of Official Stamp
160–100–0120
Description of Official Stamping Device
160–100–0125
Certificate of Authorization
160–100–0130
Use of an Embosser
160–100–0140
Notification of Secretary of State of the Use of Electronic Notarization
160–100–0146
Notification of Secretary of State of the Use of Remote Online Notarization
160–100–0150
Certificate of Authorization
160–100–0160
Notification of Secretary of State That Stamping Device is Unavailable
160–100–0170
Notification of Secretary of State of Change in Information
160–100–0200
Form and Content of Notarial Journal
160–100–0210
Form and Content of an Electronic Notarial Journal
160–100–0215
Storage of Electronic Notarial Journal
160–100–0220
Notification of Secretary of State of Lost or Stolen Journal
160–100–0230
Additional Notarial Acts That May Be Recorded in Notarial Journal
160–100–0240
Information Required to Be Recorded in Record of Protests
160–100–0301
Disposition of Notarial Records Upon Suspension of Commission
160–100–0310
Disposition of Notarial Records Upon Termination of Commission Due to Resignation
160–100–0320
Disposition of Notarial Records Upon Termination of Commission Due to Expiration
160–100–0330
Disposition of Notarial Records Upon Termination of Commission Due to Revocation
160–100–0340
Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency
160–100–0350
Record of Protests of Commercial Paper
160–100–0360
Notary Public’s Responsibilities When Agreement Has Been Entered Into with Employer
160–100–0400
Maximum Amount of Notary Fees Permitted to be Charged
160–100–0410
Displaying List of Notary Fees
160–100–0420
Filing Statement of Waiver of Notary Fees
160–100–0430
Filing Complaint Against Notary Public
160–100–0500
Notification of Secretary of State of Conviction
160–100–0510
Conviction of a Lesser Offense Incompatible with the Duties of a Notary Public
160–100–0600
Refusal to Issue, Revocation, Suspension, Civil Penalties and Official Warning
160–100–0610
Conduct Which Constitutes Official Misconduct
160–100–0620
Appeal Process
160–100–0700
Satisfactory Evidence
160–100–0805
Credential Analysis and Authentication for Remote Online Notarization
160–100–0855
General Technology Requirements for Remote Online Notarization
160–100–1000
Definitions
160–100–1010
Provider Certificate of Approval
160–100–1020
Lesson Plan
160–100–1030
Deficient Application or Lesson Plan
160–100–1040
Notification of Changes of Approved Provider Information
160–100–1050
Lesson Plan Revisions
160–100–1060
Certificate of Education
160–100–1070
List of Attendees
160–100–1080
Secretary of State Attending Approved Course of Study
160–100–1090
Duty to Respond to a Written Request from the Secretary of State
160–100–1100
Cancellation or Delay of Scheduled Approved Course of Study
160–100–1105
Complaints Against an Approved Provider
160–100–1110
List of Approved Providers
160–100–1120
Renewal of a Certificate of Approval
160–100–1130
Grounds for Termination of a Certificate of Approval
160–100–1140
Termination of Certificate of Approval
160–100–1150
Cancellation of Certificate of Approval
Last Updated

Jun. 8, 2021

Rule 160-100-0805’s source at or​.us