D.C. Mun. Regs. tit. 17, r. 17-2400

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-2400 - APPLICATION REQUIREMENTS AND PROCESS FOR NOTARY PUBLIC COMMISSION; ENDORSEMENT AS AN ELECTRONIC NOTARY

2400.1

An applicant for a commission from Office of Notary Commissions and Authentications (ONCA) as a notary public shall:

(a) Be at least 18 years of age;

(b) Be a citizen or permanent legal resident of the United States;

(c) Be a resident of, or have a primary place of employment or practice in, the District; and

(d) Not be disqualified to receive a commission under Section 23 of the Act (D.C. Official Code § 1-1231.22) and Section 2428 of this chapter.

(e) As part of a notary public commission application to ONCA, an applicant shall provide his or her name as the applicant wishes to have it appear on his or her commission. This name shall be used each time that a notary's signature is used for a notarial act.

2400.2

An applicant for a commission from ONCA as a notary public shall:

(a) Complete a training class provided by the Secretary or ONCA, if the applicant is applying for the first time for a commission as a notary public;

(b) Take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501;

(c) File the applicant's signature and deposit an impression of the applicant's official seal with ONCA;

(d) Indicate, on a form provided by ONCA, the language(s) of records in which the applicant intends to perform notarial acts; provided, that the applicant shall be required to read and write in the language of any record on which the applicant performs a notarial act; and

(e) Pay the seventy-five-dollar ($75.00) notary commission application fee.

2400.3

To apply for an electronic notary endorsement, an applicant who meets the requirements shall submit an electronic notary application on forms provided by ONCA and pay the thirty-dollar ($30.00) electronic records notary public endorsement application fee.

2400.4

An applicant may apply for an electronic notary endorsement only if the applicant currently holds an active notary public commission.

2400.5

(a) An individual applying for an electronic notary endorsement must do the following within thirty (30) calendar days of receiving the endorsement, or forfeit the endorsement:

(1) Complete a training course provided by ONCA;

(2) Take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501;

(3) Notify ONCA of the tamper-evident technology provider that the electronic notary intends to use; and

(4) File an exemplar of the electronic notary's electronic signature and official seal.

(b) The individual shall not perform his or her initial electronic notarial act until he or she has complied with Section 2400.6(a).

2400.6

(a) Except as provided in Subsection 2400.7, before ONCA issues an applicant a commission as a notary public, the applicant shall submit to ONCA an assurance in the form of a surety bond, or its functional equivalent, in the amount of $2,000. The assurance shall:

(1) Be issued by a surety or other entity licensed or authorized to do business in the District;

(2) Cover acts performed during the term of the notary public's commission; and

(3) Be in the form prescribed by ONCA.

(b) The surety or issuing entity shall notify ONCA not later than thirty (30) calendar days after making a payment to a claimant under the assurance.

(c) A notary public commissioned by ONCA may perform notarial acts in the District only during the period that a valid assurance is on file with ONCA.

(d) A notary public must maintain a valid assurance during the term of the notary public's commission.

2400.7

A notary public commissioned only on behalf of the government of the District of Columbia is exempt from the requirement of a surety bond or functional equivalent under Subsection 2400.6(a). A District of Columbia Government notary public may only perform notarial acts in that capacity on behalf of the District of Columbia government.

2400.8

Once an applicant satisfies Subsections 2400.1, 2400.2, 2400.6, 2400.7, and 2400.10, ONCA shall issue the applicant a commission as a notary public for a term of five (5) years, subject to revocation of the commission pursuant to Section 23 of the Act (D.C. Official Code § 1-1231.22) and Section 2428 of this chapter. A certificate issued by ONCA granting this commission shall be signed by the Secretary or the Secretary's designee.

2400.9

A commission from ONCA to act as a notary public authorizes the notary public to perform notarial acts only within the District. The commission does not provide a notary public any immunity or benefit conferred by law of the District on public officials or employees.

2400.10

A notary public that is not otherwise authorized to perform notarial acts under the Act, or under state or federal law, shall reapply with ONCA for each commission term before performing notarial acts.

2400.11

A notary public may elect not to apply for an electronic notary endorsement.

D.C. Mun. Regs. tit. 17, r. 17-2400

Final Rulemaking published at 63 DCR 9099 (7/1/2016); amended by Final Rulemaking published at 69 DCR 12856 (10/21/2022); amended by Final Rulemaking published at 70 DCR14646 (11/3/2023)