Section 433-7-002 - DEFINITIONSIn addition to terms defined in the Electronic Notary Public Act the following definitions apply for purposes of Chapter 7 of these regulations:
002.01 "Applicant" means a person applying for registration as a Nebraska electronic notary public.002.02 "Approved Electronic Notary Solution Provider" means a person or entity approved to provide an Electronic Notarization System by the Secretary pursuant to the Electronic Notary Public Act.002.03 "Biometric Authentication" means proving the identity of a user by requiring verification of the user's identity through technologies that require measurement and analysis of one or more human physiological or behavioral characteristics of the user in order to access and use an Electronic Notarization System. Biometric Authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices.002.04 "Electronic Notarization System" means a set of applications, programs, hardware, software, or technology designed to enable an electronic notary public to perform electronic notarizations.002.05 "Independently Verifiable" means capable of government or third-party authentication of a notarial act, a notary's identity, and a Notary Public's relevant authority.002.06 "Notary Public" means a person commissioned as a notary public under Neb. Rev. Stat. §§ 64-101 to 64-119.002.07 "Password Authentication" means requiring the user to enter a secret word, phrase, or symbol set in order to access and use an Electronic Notarization System.002.08 "Secretary" means the Nebraska Secretary of State and his or her designated staff.002.09 "Token Authentication" means requiring use of a physical device in addition to a password or personal identification number ("PIN") in order to access and use an Electronic Notarization System. Physical devices used in Token Authentication technologies include magnetic cards or "smart cards" and Universal Serial Bus (USB) memory sticks or "USB keys".002.10 "Under the his or her exclusive control e ", for the purposes of the Secretary's interpretation of the requirements of Neb. Rev. Stat. § 64-310, means "under the electronic notary public's sole control" as defined in this Chapter.002.11 "Under the electronic notary public's sole control" means accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary public or through being secured with one or more Biometric Authentication. Password Authentication, Token Authentication, or other authentication technologies in an Electronic Notarization System provided by an Approved Electronic Notary Public Solution Provider approved pursuant to the Electronic Notary Public Act and this Chapter. Citation: Neb. Rev. Stat. §§ 64-304. 64-310 and 64-316.
433 Neb. Admin. Code, ch. 7, § 002
Adopted effective 6/24/2017.Amended effective 3/30/2020Amended effective 6/10/2020