WSR 15-04-032
PROPOSED RULES
[Filed January 27, 2015, 10:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-21-130.
Title of Rule and Other Identifying Information: Notaries Public, WAC 308-30-155 Satisfactory evidence of identity.
Hearing Location(s): 405 Black Lake Boulevard, Building #2, Conference Room 2105, Olympia, WA (check in at front counter), on March 10, 2015, at 10:00 a.m.
Date of Intended Adoption: March 11, 2015.
Submit Written Comments to: Chris Doland, P.O. Box 9027, Olympia, WA 98507-9027, e-mail cdoland@dol.wa.gov, fax (360) 570-4976, by March 9, 2015.
Assistance for Persons with Disabilities: Contact Chris Doland by March 9, 2015, TTY (360) 664-0116 or (360) 664-1419.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Notaries are limited in the types of documents they can accept to verify a person's identity. The department proposes to amend the list of satisfactory evidence of identity to include unexpired passports issued by the United States Department of State or a foreign government which is recognized by the United States Department of State, when accompanied by documentation establishing an individual's legal presence in the United States.
Reasons Supporting Proposal: Brings state notary rules regarding evidence of identity in-line with industry practices in other states. Allows for legal documents that are accepted as evidence of identity with the United States government, but lack a physical description, to be acceptable evidence of identity for notarial acts.
Statutory Authority for Adoption: RCW
42.44.190.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Chris Doland, Olympia, (360) 664-1419; Implementation and Enforcement: Kim Summers, Olympia, (360) 664-1532.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW
19.85.025(3) and 34.05.310 (4)(b).
A cost-benefit analysis is not required under RCW 34.05.328. RCW
34.05.328 does not apply to this proposed rule under the provisions of RCW
34.05.328 (5)[(c)](i).
January 27, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 93-05-009, filed 2/5/93, effective 3/8/93)
WAC 308-30-155 Satisfactory evidence of identity.
Satisfactory evidence of an individual identity shall be based on one of the following:
(1) Current documents issued by a federal or state government with the individual's photograph, signature, and physical description.
(2) An unexpired passport with the individual's photograph and signature issued by:
(a) The U.S. Department of State; or
(b) A foreign government which is recognized by the U.S. Department of State, when accompanied by documentation establishing an individual's legal presence in the United States.
(3) The oath or affirmation of a credible person who personally knows the individual.
