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NC Administrative Rules 2025 (18 NCAC 07B)

Rule/Regulation

State: North Carolina

Effective: July 01, 2025

Summary

New rules from the North Carolina Secretary of State address administrative issues related to applications, forms, enforcement, and discipline, and address new procedures for Notaries to follow in serving individuals with disabilities.

Affects
  1. Adds 18 NCAC 07B .0111, .0313, .0314, .0420, .0421, .0422, .0423, .0424, .0425, .0426, .0427, .0428, .0429, .0430, .0431, .0609, .0610, .0801, .0802, .0803, .0804, .0805, .0806, .0807,  .0808, .0809, and .0810.
  2. Amends 18 NCAC .0101, .0102, .0105, .0110, .0305, .0308, .0310, .0402, .0405, .0408, .0409,  .0411, .0414, .0601, .0603, and .0607.
Changes

Definitions

  1. Clarifies that “authorization” includes a seal manufacturer or vendor registration.
  2. Clarifies that “denial” includes an individualized action to disqualify an individual from being a candidate for an elected public office or holding or filling a public office that is taken by a board or commission.
  3. Adds to “disciplinary action” a civil penalty or fine.
  4. Defines “‘accessibility,” ‘accommodation,’ and ‘reasonable accommodation,’” to mean actions facilitating participation in a remote electronic notarial act by a remotely located principal with a vision, hearing, or speech impairment.
  5. Defines “auxiliary aid” to mean a device or tool to enable an individual with vision, hearing, or speech impairments to communicate with a Notary and participate in the notarial transaction process but does not mean interpretation or transliteration or CART captioning, and provides examples including screen reader software, magnification software, optical readers for an individual with low vision or a portable device that either writes or produces speech for an individual with speech impairment.
  6. Defines “‘CART’ or ‘communication access real-time translation’” to mean live translation of the spoken English language into English text by an individual certified as a captioner by the National Court Reporters Association and made available on screen with video to a remotely located principal with hearing loss.
  7. Defines “interpreter” to mean an individual: (a) with a full North Carolina interpreter license as defined at 21 NCAC 25 .0101(b)(7); (b) interpreting, as defined at G.S. 90D-3(5), to a remotely located principal with vision, hearing, or speech impairments; and (c) who does not have a provisional interpreting license.
  8. Defines “transliterator” to mean an individual: (a) with a full North Carolina transliterator license as defined at 21 NCAC 25 .0101(b)(7); (b) transliterating, as defined at G.S. 90D-3(9), to a remotely located principal with vision, hearing, or speech impairments; and (c) who does not have a provisional transliterating license.
  9. Defines “IPEN” to mean means an in-person Electronic Notary solution, comprised of an Electronic Notary Public seal, an Electronic Notary signature, and an Electronic Notary journal.
  10. Defines “journal” to mean a collection of entries describing notarial acts that is created and maintained by a Notary Public.
  11. Clarifies that “Notary course” includes educating a compliance contact of a platform or IPEN regarding GS Chapter 10B of the and the rules in 18 NCAC Chapter 07.
  12. Clarifies that “residence address” does not include a P.O. Box

Department Information Requests

  1. Clarifies the responsibilities, as specified, that a person responding to a departmental information request must take.
  2. Clarifies that the requirements, as specified, for requesting confidential information from the Department applies not only to a Notary, but also to a technology provider, and lists, as specified, the applicable confidentiality laws of North Carolina.
  3. Clarifies that a person responding to a departmental information request must do so within the specified time and manner, considering the nature of the information requested, the urgency of the Department's need, and the ease of production by the recipient.
  4. Clarifies that the Department will consider a filing incomplete for failure to tender any fee required by GS Chapter 10B of the or the rules in 18 NCAC Chapter 7B.
  5. Clarifies that a person responding to a departmental information request may seek an extension to respond to the Department pursuant to Rule 07B .0305, and further clarifies the extension may not last more than 30 days and include the reason why an extension is necessary.
  6. Clarifies that the rule for an extension request for responding to departmental information pursuant to Rule 07B .0305 does not apply to investigations made pursuant to GS 10B-60.
  7. Provides that the Department will consider the factors listed in Rule 07B .0108 in determining whether to grant an extension request.

Forms

  1. Clarifies that “contact information”, as specified, applies to a key individual who is identified pursuant to GS 10B-134.19(c)(2) by a platform, by an IPEN, or for key individuals operating a sole proprietorship or general partnership.
  2. Clarifies that “contact information” for a business entity includes the year of formation.
  3. Clarifies that the registered agent’s contact information, as specified, applies to a technology provider’s, physical seal manufacturer’s or vendor’s registered agent listed on an application.
  4. Clarifies that the form notifying the Department of the selection of technology providers by a Notary includes: (a) the name of a custodian who provides custodial services for journals and communication technology recordings and their backups, and (b) if the Notary named the Notary as custodian of the Notary’s electronic journals that the Notary will serve as a Custodial Notary and comply with all Custodial Notary rules in 18 NCAC 07J .2200.
  5. Clarifies that in addition to all other information, as specified, required in the affidavit of moral character form, the form must include the full legal name of the key individual.
  6. Clarifies that in addition to all other information, as specified, required in the application form for recommissioning as a Notary before expiration of the commission or within 12 months thereafter, the recommissioning application form for a Notary who is not an Electronic Notary must include a statement with regard to technology providers (e.g., a Notary who administers oaths and affirmations under GS 10B-134.9(d) judicial actions or proceedings): (a) the Notary will continue to use, including the name of the provider for which the Notary has previously provided notice and the custodian for the electronic journal for which the Notary has previously provided notice, and (b) the name of the technology provider that the Notary will now use; or (c) at this time, the Notary does not have a technology provider.
  7. Adds to the form for notice of changes in criminal history a declaration under penalty of perjury that the information provided is true and complete to the best of the affiant's knowledge and belief.
  8. Adopts the form Notaries Public and Electronic Notaries Public use to report technology dysfunctions pursuant to 18 NCAC 07D .0309, as specified.
  9. Adopts the form technology providers use to apply for approval, as specified.
  10. Adopts the form used by technology providers to apply for approval as an IPEN technology, as specified.
  11. Adopts the form used by technology providers to apply for approval as a licensed platform, as specified.
  12. Adopts the form used to apply for authorization as an approved credential analysis provider, as specified.
  13. Adopts the form used to apply for authorization as an approved identity proofing provider, as specified.
  14. Adopts the forms used to apply for authorization as an approved custodian, as specified.
  15. Adopts the form used by a Custodial Notary to submit an annual report, as specified.
  16. Adopts the form for technology providers other than platforms to verify their continuing compliance, as specified.
  17. Adopts the form used by a manufacturer or vendor of physical Notary seals to register with the Department, as specified.
  18. Adopts the form used by a Notary to notify the Department of reportable incidents pursuant to 18 NCAC 07D .0310, as specified.

Discipline and Enforcement

  1. Adds to the list of considerations, as specified, that the Department will review in considering whether to discipline a Notary the purposes of the Notary Act set forth in GS 10B-2.
  2. Adds to the list of remedies, as specified, that the Department may take in disciplining a Notary a civil penalty pursuant to GS 10B-60(m) or 10B-134.23(c)(4).
  3. Provides that the Department may take administrative action to restrict a person from being authorized to or from becoming authorized to offer an Electronic Notary solution or act as a custodian.
  4. Provides that failure of a platform provider to remit fees in accordance with GS 10B-134.19 and the rules in 18 NCAC Chapter 07 shall be a basis for the Department to revoke a platform license, and further provides that revocation shall not preclude other disciplinary action or remedies available to the Department.
  5. Provides that a technology provider, or physical seal manufacturer or vendor shall be deemed to have knowingly created, manufactured or distributed a Notary seal in violation of G.S. 10B-60(n) for  failure to comply with (a) 18 NCAC 07J .1202 for changes to a Notary commission or registration certificate presented to an IPEN solution and (b) 18 NCAC 07J .1412 for changes to commission or registration certificate presented to the platform.
  6. Provides that a technology provider, physical seal manufacturer, or vendor will be considered to have knowingly violated GS 10B-60(n) if they fail to comply with specific regulations, as specified.

Persons Seeking Accommodations

  1. Provides that a Notary may rely on representations made by an interpreter, transliterator, or certified CART captioner pursuant to 18 NCAC 07B .0802.
  2. Authorizes a Notary to perform a notarization for a principal with a vision, hearing, or speech impairment whose communications are accurately conveyed by: (a) an auxiliary aid; or (b) an interpreter, transliterator, or certified CART captioner.
  3. Provides that before performing a notarial act, a Notary shall require a principal needing reasonable accommodation for vision, hearing, or speech impairments to disclose: (a) any auxiliary aid that the principal is using; and (b) any interpreter, transliterator, or CART captioner that the principal is using.
  4. Clarifies that if the notarial act is a remote notarial act, a Notary shall comply with 18 NCAC 07B .802(a) before starting the communication technology recording.
  5. Authorizes a Notary to perform a notarization for a principal with a vision, hearing, or speech impairment whose communications are accurately conveyed by: (a) an auxiliary aid; or (b) an interpreter, transliterator, or certified CART captioner.
  6. Prohibits an interpreter, transliterator, or CART captioner from acting as a bridge or relay interpreter to facilitate communication between a Notary and a principal who do not share a common language and clarifies that the prohibition does not prohibit interpretation by an interpreter between a principal who uses American Sign Language and a Notary who speaks English.
  7. Prohibits a Notary from allowing a principal to use an auxiliary aid to act as a bridge or to provide relay interpretation to facilitate communication between a Notary and a principal who do not share a common language and provides an example of this prohibition.
  8. Provides that before performing a notarial act, a Notary shall require any interpreter or transliterator used by a principal to state: (a) the name of the interpreter or transliterator as it appears on the North Carolina license; (b) the license number; and (c) that the interpreter or transliterator has no financial interest in the notarial acts to be performed for the principal.
  9. Provides that before performing a notarial act, a Notary shall require any CART captioner used by a remotely located principal to state: (a) the CART captioner's name as it appears on the National Court Reporters Association certification; (b) the National Court Reporters Association identification number; (c) the CART captioner's status as a National Court Reporters Association-certified real-time captioner; and (d) that the CART captioner has no financial interest in the notarial acts to be performed for the principal.
  10. Provides that if the notarial act is a remote notarial act, the Notary shall comply with 18 NCAC 07B .0806(a) and 07B .0807(a) (relating to requiring an interpreter or transliterator, or CART captioner, respectively, to provide certain information to the Notary) before starting the communication technology recording, if applicable.
  11. Provides that a Notary shall not perform a notarial act if an individual identified pursuant to Rules 07B .0806 and 07B .0807 is: (a) not certified as a CART captioner; (b) not licensed as an interpreter or a transliterator; or (c) indicates or is known to the electronic Notary to have a financial interest in the transactions that are subject to the notarial acts.
  12. Requires a Notary to document within each journal entry any accommodations used by a principal during the notarial transaction by noting: (a) the type of auxiliary aid specified by the principal; (b) the information regarding a transliterator or interpreter required by Rule 07B .0806; and (c) the information regarding a CART captioner required by Rule 07B .0807.

Other Changes

  1. Clarifies that the rules in Subchapter 07B govern the conduct and discipline of manufacturers and vendors of Notary Public seals.
  2. Provides that if the notarial certificate selected by the principal is on a page separate from the document being notarized, the Notary shall include on or near the certificate the following descriptive language: (a) the title or type of document; (b) the number of pages of the document being notarized, exclusive of the certificate; (c) the names of the principal sign.
  3. Provides that a Notary’s physical notarial seal, Electronic Notary seal and signature, journals, communication technology recordings, session records, notarial records and any information in them are the personal property of the Notary.
  4. Makes stylistic and technical changes.

Analysis

This new law update is the first in a series of law updates on the Phase III rules adopted by the North Carolina Secretary of State. It includes additions and amendments to the administrative rules in Subchapter 07B of Title 18 of the North Carolina Administrative Code. Subchapter 07B defines new terms related to the issue of Notaries making accommodations for individuals with communication disabilities and includes new rules for accommodating these individuals. The rules in this Subchapter also specify several new forms to be used by Notaries, seal manufacturers, and technology providers and rules related to the discipline of Notaries, seal vendors, and technology providers.

Read the Subchapter 07B administrative rules (see pages 138-153).

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