LCAR voices concern over repeated emergency filings for remote notarization rules; committee moves to neither approve nor object

The Office of Professional Regulation told the Legislative Committee on Administrative Rules on Sept. 19 that permanent rules for remote and electronic notarization have been filed and that the public comment period and hearings will follow. Emily Trudeau, staff attorney at the Office of Professional Regulation, said the permanent rules were filed with the Secretary of State on Sept. 12 and that public hearings will be scheduled for late October following the required publication and 30-day waiting period.

Several committee members expressed frustration that this is the fourth emergency filing on the subject and questioned whether the notary rules meet the statutory standard for emergency rulemaking, which typically requires imminent peril to public health, safety or welfare. Damien Leonard (Legislative Council) and members explained the committee’s customary options — approve, object, or take no position — and said that historically the committee often votes to neither approve nor object when it believes a rule may not meet the strict emergency standard but the rule fills an operational need.

Members asked the Secretary of State’s office to provide a timeline for completion of the permanent rule and emphasized the importance of resourcing agencies so that rules do not regularly require emergency re-filing. The committee’s procedural motion to neither approve nor object was put forward and similar language and concerns will be included in a memo from LCAR to the Secretary of State and to the committees of jurisdiction.