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PERMANENT=20 RULES
(E-Recording Standards Commission)=20
Effective Date of Rule: Thirty-one days a= fter=20 filing.=20
Purpose: Real property electronic recordi= ng,=20 the e-recording standards commission established under RCW=20 65.24.040 develops recommendations for rules necessary to implement th= e=20 Uniform Real Property Electronic Records Act (chapter=20 65.24 RCW).=20
Statutory Authority for Adoption: Chapter=20 65.24 RCW.=20
Adopted under notice filed as WSR 12-24-= 076 on=20 December 4, 2012.=20
Number of Sections Adopted in Order to Co= mply=20 with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Stand= ards:=20 New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 10,= =20 Amended 0, Repealed 0.=20
Number of Sections Adopted at Request of = a=20 Nongovernmental Entity: New 0, Amended 0, Repealed 0.=20
Number of Sections Adopted on the Agency'= s Own=20 Initiative: New 0, Amended 0, Repealed 0.=20
Number of Sections Adopted in Order to Cl= arify,=20 Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.=20
Number of Sections Adopted Using Negotiat= ed=20 Rule Making: New 10, Amended 0, Repealed 0; = Pilot=20 Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Makin= g: New=20 0, Amended 0, Repealed 0.=20
Date Adopted: January 14, 2013.=20
Steve Excell=20
Assistant Secretary of State=20
OTS-4902.2=20
REAL PROPERTY ELECTRONIC=20 RECORDING
(2) These standards are based on recommendatio= ns of=20 the Washington state electronic recording standards commission and promulg= ated=20 by the secretary of state pursuant to chapter=20 65.24 RCW, Uniform Real Property Electronic Recording Act.=20
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(1) "Delivery package" means a document, group= of=20 documents, related or unrelated, bundled into a single entity for electron= ic=20 transfer.=20
(2) "Document" means information that is inscr= ibed=20 on a tangible medium or that is stored in an electronic or other medium, i= s=20 retrievable in perceivable form, and is eligible to be recorded in the lan= d=20 records maintained by the county recording officer.=20
(3) "Electronic" means relating to technology = having=20 electrical, digital, magnetic, wireless, optical, electromagnetic, or simi= lar=20 capabilities.=20
(4) "Electronic document" means a document tha= t is=20 received or sent by the recording officer in an electronic form.=20
(5) "Electronic signature" means an electronic= =20 sound, symbol or process attached to or logically associated with a docume= nt and=20 executed or adopted by a person with the intent to sign the document.=20
(6) "Electronic notarization" means a notarial= act=20 performed in accordance with chapter=20 42.44 RCW and chapter 308-30 WAC by a notary public, appointed by th= e=20 Washington state department of licensing, who provides notarial acts using= =20 electronic interface.=20
(7) "Electronic recording standards commission= " or=20 "eRecording standards commission" or "ERSC" means the body of stakeholders= =20 appointed by the secretary of state to review electronic recording standar= ds and=20 make recommendations to the secretary in accordance with RCW=20 65.24.040.=20
(8) "eRecording" means electronic recording of= real=20 property documents.=20
(9) "Metadata" means data describing other dat= a to=20 facilitate the understanding, use, and management of that data.=20
(10) "Open architecture" means computer archit= ecture=20 or software architecture that employs specifications that are open to the = public=20 to allow for adding, upgrading and exchange of components produced by a br= oad=20 range of manufacturers.=20
(11) "PDF (portable document format)" means th= e file=20 format originally created by Adobe Systems for document exchange allowing= =20 documents to be viewed as they were intended to appear. PDFs are a common = format=20 for image exchange or world wide web presentation.=20
(12) "Recording" means making a matter of reco= rd in=20 the office of the recording officer in accordance with RCW=20 65.04.030.=20
(13) "Recording officer" means the county audi= tor or=20 other official county recording officer.=20
(14) "TIFF" (tagged image file format) means t= he=20 variable-resolution bitmapped image format originally developed by the Ald= us=20 Corporation (now part of Adobe Systems) and published as ISO 12639:2004, G= raphic=20 technology-Prepress digital data exchange-Tag image file format for image= =20 technology (TIFF/IT). TIFF is a common format for high-quality black and w= hite,=20 gray-scaled, or color graphics of any resolution and is made up of individ= ual=20 dots or pixels.=20
(15) "URPERA (Uniform Real Property Electronic= =20 Recording Act)" means the body of recommended legislation released in 2004= by=20 the National Conference of Commissioners on Uniform State Laws (NCCUSL) fo= r=20 adoption by state legislatures. URPERA authorizes recording officers to ac= cept=20 electronic documents for recording in accordance with established standard= s.=20 Washington state adopted a modified version of URPERA in 2008 (chapter=20 65.24 RCW).=20
(16) "Washington state archives" means the off= ice of=20 the secretary of state, division of archives and records management.=20
(17) "Web portal (gateway)" means a site that= =20 functions as a point of access to information or services on the world wid= e web.=20
(18) "XML (extensible markup language)" means = an=20 extensible document language for specifying document content. XML is not a= =20 predefined markup language but a metalanguage (a language for describing o= ther=20 languages) allowing the user to specify a document type definition (DTD) a= nd=20 design customized markup languages for different classes of documents.=20
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(a) Electronic recording of real property docu= ments=20 shall meet technical standards for document formatting and document data f= ields=20 and follow implementation guidelines as prescribed by the Property Records= =20 Industry Association (PRIA) which are hereby incorporated by reference, ma= de a=20 part of this rule, and listed below:=20
(i) PRIA Request Version 2.4.2, August 2007;=20
(ii) PRIA Response Version 2.4.2, August 2007;= =20
(iii) Document Version 2.4.1, October 2007;=20
(iv) Notary Version 2.4.1, October 2007;=20
(v) eRecording XML Implementation Guide for Ve= rsion=20 2.4.1, Revision 2, March 2007;=20
(vi) URPERA Enactment and eRecording Standards= =20 Implementation Guide, December 2005.=20
These standards are available from the Propert= y=20 Records Industry Association, 2501 Aerial Center Parkway, Ste. 103, Morris= ville,=20 NC 27560, and at http://www.pria.us/.=20
(b) eRecording shall be offered and conducted = in=20 accordance with the models of submission described in the URPERA Enactment= and=20 eRecording Standards Implementation Guide, Section 2.3, eRecording Models.= =20
(c) Each recording officer who accepts documen= ts for=20 eRecording shall provide open architecture for reception of electronic=20 documents. All reception software, including web portals, must support PRI= A=20 eRecording SML Implementation Guide for Version 2.4.1 standards.=20
(2) Web portals.=20
(a) The world wide web will be the most common= =20 delivery medium for electronic documents.=20
(b) A document delivered over the web should p= rovide=20 a minimum amount of information in the delivery package sufficient to iden= tify=20 and authenticate the sender to the recording officer, while also itemizing= the=20 contents of the package.=20
(c) Payment processing, if supplied at the por= tal,=20 shall comply with the 2012 NACHA Operating Rules & Guidelines, which i= s=20 hereby incorporated by reference and made a part of this rule. This public= ation=20 is available from NACHA: The Electronic Payments Association, 13450 Sunris= e=20 Valley Drive, Suite 100, Herndon, VA 20171, and at http://www.nacha.org/. = The=20 recording officer and portal provider shall determine the portal's payment= =20 processing capabilities, and each recording officer shall designate approv= ed=20 methods of payment, which may include credit cards, ACH (automated clearin= g=20 house), escrow accounts, electronic checks, or other methods.=20
(3) Business rules. Recording officers = shall=20 establish and publish business rules that govern how eRecording will be=20 conducted. The business rules may be in electronic or hard copy format and= may=20 appear on a portal or the recording officer web site. The transmitting par= ties'=20 electronic acknowledgment of acceptance of the terms of the business rules= is=20 acceptable. The business rules must cover the following items:=20
(a) Memorandum of understanding or contract;=20
(b) Defined technical specifications;=20
(c) Document formatting and indexing specifica= tions;=20
(d) Hours of operations and processing schedul= es;=20
(e) Payment options;=20
(f) Termination terms;=20
(g) Document rejection rights;=20
(h) Statement that any amendments and/or alter= ations=20 to the business rules will be published with adequate notice before taking= =20 effect;=20
(i) Statement clarifying the liability of the= =20 recording offices.=20
(4) Security.=20
(a) All electronic documents must be secured i= n such=20 a way that both the transmitting and receiving parties are assured of each= =20 other's identity and that no unauthorized party can view or alter the elec= tronic=20 document during transmission, processing, and delivery. If followed throug= h the=20 entire electronic document process of execution through recording, the sec= urity=20 measures identified in chapter 6 of the eRecording XML Implementation Guid= e for=20 Version 2.4.1, Revision 2, March 2007, satisfy this requirement.=20
(b) Each recording officer who elects to accep= t=20 electronic real property documents for recordation shall implement reasona= ble=20 measures such that each electronic document accepted for recordation is=20 protected from alteration and unauthorized access.=20
(5) Electronic signatures. Recording of= ficers=20 are only required to accept electronic signatures that they have the techn= ology=20 to support. Recording officers have no responsibility to authenticate elec= tronic=20 signatures embedded within the body of the document.=20
(6) Notarizations. Pursuant to chapter=20 65.24 RCW, notarizations must:=20
(a) Be performed by a notary public who has be= en=20 appointed by the Washington state department of licensing in accordance wi= th chapter=20 43.44 RCW; and=20
(b) Comply with all requirements for performin= g a=20 notarial act as found in chapter=20 42.44 RCW and chapter 308-30 WAC, as amended from time to time, exce= pt that=20 in the case of an electronic notarization, an impression of the official s= eal or=20 stamp is not required.=20
Recording officers have no responsibility for= =20 verifying or authenticating notary signatures and acknowledgments.=20
(7) File formats for eRecording. The=20 electronic recording standards commission recommends that electronic recor= dings=20 be converted to (if necessary) and preserved as image files along with the= ir=20 associated metadata. If submissions are accepted in XHTML (extensible hype= rtext=20 markup language) format, they shall be converted to a digital image until = the=20 viability of preserving these eRecordings in their native format has been= =20 demonstrated. Document images should be submitted as defined in WAC 434-663-305 and meet all state requirements for re= corded=20 instruments as defined in RCW=20 65.04.045.=20
(8) Records retention and preservation.= =20 Recording officers must not destroy public records, including electronic=20 records, without the approval of the local records committee, in accordanc= e with=20 RCW 40.14.070.=20
Recording officers must retain electronic publ= ic=20 records in electronic format such that the records remain usable, searchab= le,=20 retrievable, and authentic for the length of the designated retention peri= od in=20 accordance with WAC 434-662-040.=20
The local records committee has approved the l= ocal=20 government common records retention schedule (CORE) and the county auditor= =20 records retention schedule authorizing the minimum retention periods for=20 recording officer records, and designating those records with enduring val= ue as=20 "archival."=20
Recording officers may transfer public records= =20 designated as "archival," including electronic records, to Washington stat= e=20 archives for preservation and for facilitating public access to the record= s.=20
(9) Payment of recording fees. Electron= ic=20 payment of recording fees and excise tax, where applicable, shall be colle= cted=20 by the county agency responsible for such as prescribed in accordance with= =20 Washington state law and accepted industry standards without incurring=20 unreasonable electronic processing fees.=20
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ELECTRONIC RECORDING STANDARDS=20 COMMISSION
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(1) Rules necessary to implement the Uniform R= eal=20 Property Electronic Recording Act (URPERA);=20
(2) Standards and practices affecting electron= ic=20 recording in this state and other jurisdictions that enact URPERA to keep = the=20 technology used by recording officers in this state compatible with techno= logy=20 used by recording offices in other jurisdictions that enact URPERA, includ= ing:=20
(a) Standards adopted by national standard-set= ting=20 bodies, such as the property records industry association;=20
(b) The views of interested persons and govern= mental=20 officials and entities;=20
(c) The needs of counties of varying size,=20 population and resources; and=20
(d) Standards requiring adequate=20 information-security protection to ensure that electronic documents are=20 accurate, authentic, adequately preserved, and resistant to tampering;=20
(3) Emerging issues and trends affecting elect= ronic=20 recording which may necessitate amendments to or repeal of published stand= ards;=20
(4) Other related issues at the request of the= =20 secretary of state.=20
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(2) Members serve at the pleasure of the secre= tary=20 of state. Terms are two or three years, and there are no limits to how lon= g a=20 member can serve. Vacancies will be filled by the secretary of state upon = notice=20 of a vacancy from the member.=20
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