(a) Identity proofing and credential analysis must be performed by a reputable third party who has provided evidence to the online notary public of the ability to satisfy the requirements of this chapter.

(b) Identity proofing is performed through dynamic knowledge based authentication which meets the following requirements:

(1) principal must answer a quiz consisting of a minimum of five questions related to the principal's personal history or identity, formulated from public and proprietary data sources;

(2) each question must have a minimum of five possible answer choices;

(3) at least 80% of the questions must be answered correctly;

(4) all questions must be answered within two minutes;

(5) if the principal fails their first attempt, they may retake the quiz one time within 24 hours;

(6) during the retake, a minimum of 60% of the prior questions must be replaced; and

(7) if the principal fails their second attempt, they are not permitted to retry with the same online notary public for 24 hours.

(c) Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal.

(d) Credential analysis shall, at a minimum:

(1) use automated software processes to aid the online notary public in verifying the identity of a principal or any credible witness;

(2) ensure that the credential passes an authenticity test, consistent with sound commercial practices that: (A) Use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features; (B) Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; (C) Use information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of personal details and credential details; and (D) Provide output of the authenticity test to the notary public.

(3) Enable the online notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online notary public in real time through audio-visual transmission.

(e) If the principal must exit the workflow, the principal must meet the criteria outlined in this section and must restart the identity proofing and credential analysis from the beginning.

Source Note: The provisions of this §87.70 adopted to be effective August 19, 2018, 43 TexReg 5355