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CO Temporary Rules (2022)

Rule/Regulation

State: Colorado

Effective: July 01, 2022

Summary

The Colorado Secretary of State has adopted a temporary rule permitting interpreters for individuals with certain physical impairments.

Affects

Amends Title 8 Chapter 1505-11 Rule 2.3.2 and adds new rules 2.3.3 and 2.3.4.

Changes
  1. Clarifies that the general rule that a Notary must be able to directly communicate with a signer for a notarial act (including traditional, in-person electronic, and remote notarial acts) without the use of an interpreter.
  2. Provides an exception allowing an interpreter to be used for a signer who is deaf, hard of hearing, or deafblind.
  3. Requires an interpreter for deaf, hard of hearing, or deafblind individuals must hold either: (a)  a valid certification issued by the registry of Interpreters for the Deaf, Inc. or a successor entity; or (b) a valid certification for sign language interpretation approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind.
  4. Provides that an interpreter must not have a disqualifying interest in order to be able to serve a signer who is deaf, hard of hearing, or deafblind.
  5. Defines “disqualifying interest” for an interpreter to mean: (a) the interpreter or the interpreter’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or (b) the interpreter or the interpreter’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee for interpreter services.
Analysis

The Secretary of State’s justification for the new rules is as follows: “Adoption of these rules on a temporary basis is necessary to immediately authorize and establish minimum standards for the use of interpreters for the deaf, hard of hearing, and deafblind individuals during notarial acts. The rules are immediately effective as is necessary to provide clear guidance to interested parties, including, but not limited to: notaries, interpreters, and the general public. For these reasons, and in accordance with the State Administrative Procedure Act, the Department of State finds that temporary adoption of the amendments to existing notary program rules is imperatively necessary to comply with state and federal law and to promote public interests.”

This temporary rule also has been proposed as a permanent rule. We will provide a new law update in the event the temporary rule becomes permanent.

Read the temporary rule.
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