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NE Administrative Regulations (2023)

Rule/Regulation

State: Nebraska

Effective: November 25, 2023

Summary

Amended and repealed administrative rules adopted by the Nebraska Secretary of State modify the Notary commission, and Electronic and Online Notary registration procedures.

Affects
  1. Amends Sections 002.03, 004.01, 004.01, 004.02, 004.04, 005.01, 006.03, and repeals Sections 003.01, 005.04, 008.02, 008.03 of, Title 433, Chapter 6 of the Nebraska Administrative Code.
  2. Amends Sections 005.04,020.02 and repeals Section 020.01 of, Title 433, Chapter 7 of the Nebraska Administrative Code.
  3. Amends Sections 005.04 and 020.02 and repeals Section 020.01 of, Title 433, Chapter 8 of the Nebraska Administrative Code.
Changes

Notary Commission

  1. Strikes a provision stating that a $15,000 surety bond is required and must be concurrent with the Notary Public commission term. (Note: The $15,000 surety bond requirement remains intact.)
  2. Clarifies that the information previously required for all Notary commissions now applies only to initial Notary commissions.
  3. Repeals the prior provision stating that if a Notary's commission expiration date falls on a weekend or holiday, the renewal must be received prior to that expiration date.
  4. Clarifies that no Notary appointment will be made if the applicant has been convicted of a crime or dishonesty within the last 5 years unless a full pardon has been granted (strikes the Nebraska Board of Pardons as the office providing the pardon).
  5. Clarifies that a Notary who is convicted of a felony or crime involving fraud or dishonesty during his or her commission term must notify the Secretary of this conviction by filling out and submitting the "Notary Public Request to Change Record" 45 days after the conviction occurs.
  6. Gives Notary applicants 3 attempts to pass the Notary examination and provides that upon failure of the second attempt, the applicant must wait 30 days before taking the third and final exam.
  7. Shortens the validity of the examination passing score from 2 years to 90 days.
  8. Provides if the passing examination score is not used within 90 days, the applicant only has the remainder of prior opportunities to retake the examination.
  9. Strikes the $30 fee for changing a name on a Notary commission.
  10. Strikes the $15 fee for a duplicate commission.
  11. Clarifies that a Notary should always sign consistently with his or her signature that is applied to the application or bond.

Status Changes and Forms

  1. Removes the specific list of forms required to obtain and maintain a Notary commission, and instead says that any forms required will be made available to all applicants of the Secretary of State's website.
  2. Renames “Non-residence Evidence of Employment Form” as “Evidence of Employment in Nebraska Form.”
  3. Provides that a Notary who has changed his or her name during his or her commission may update his or her name on his or her Notary commission by filling out and submitting the "Notary Public Request to Change Record" form along with a new bond form or bond rider that updates the initial bond with his or her new name instead of having to apply for a new commission under the new name.
  4. Provides that upon receiving a new commission certificate with the new name, the Notary must obtain a new seal.
  5. Clarifies that the commission term of a Notary will not changed or extended by a name change.
  6. Repeals the prior requirements for obtaining a new commission when the Notary changes his or her name or signature.

Electronic and Online Notary Registration

  1. Applies the same retake procedures of the Notary examination to the Electronic Notary examination.
  2. Removes the specific list of forms required for registration as an Electronic Notary and instead states that the forms required to register and maintain a registration as an Electronic Notary will be available on the Secretary of State's website or upon request.
  3. Applies the same retake procedures of the Notary examination to the Online Notary examination.
  4. Removes the specific list of forms required for registration as an Online Notary and instead states that the forms required to register and maintain a registration as an Online Notary will be available on the Secretary of State's website or upon request.

Other Changes

  1. Makes technical changes.
  2. Repeals the prior effective date.
Analysis

Adopted regulations by the Nebraska Secretary of State modify Notary commission and Electronic and Online Notary registration procedures. Many of the changes are stylistic, but there are some substantive changes. For example, the validity of the Notary examination has been reduced from 2 years to 90 days and fees for changing a name on a commission or requesting a duplicate commission have been dropped. 

To read the adopted regulations, click Download PDF below.

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