CO Administrative Rules (2023)
Rule/Regulation
Effective: September 01, 2023
Summary
A new permanent rule amendment modifies provisions related to the use of interpreters by Notaries and remote notarization systems.
Affects
Amends Rules 2.3, 5.3.1, and 5.3.3 of Title 8, Chapter 1505-11 of the Code of Colorado Regulations.
Changes
- Strikes the prior rule stating that except for deaf, hard of hearing, or deafblind individuals, a Notary Public may not use an interpreter, a translator, or related services to communicate with the individual for whom the Notary public is performing any notarial act, including those performed by electronic and remote notarization.
- Strikes the prior rule providing that an interpreter for deaf, hard of hearing, or deafblind individuals, may not have a disqualifying interest in the record to be notarized.
- Updates the Colorado Secretary of State’s website universal record locator (URL) where copies of the material incorporated by reference related to the Provider Protocols for remote online notarization may be found.
- Requires remote notarization systems to annually renew their registration with the Secretary of State’s office and pay the required fee.
- Makes a technical change.
AnalysisSenate Bill 23-153 instituted new rules for the use of interpreters by Notaries that made modifications to the Colorado Notary Program Rules necessary. Since the new statute that takes effect September 1, 2023, now allows interpreters to be used for any person who does not speak the same language as the Notary, the prior rule prohibiting the general use of interpreters needed to be repealed. Since the new statute also specifies interests that would disqualify an interpreter, similar provisions in the rules also were not necessary. The amended rules also affect system providers whose platforms are used to perform remote notarizations by Colorado Notaries.
Read the adopted administrative rule.