in-20250326-IR-075250153FNA: The Secretary of State – Business Services Division (division) is soliciting public comment on adding and amending rules at 75 IAC 7 concerning fees collected for notary applications and the reasons for rejecting apostille requests filed with the division, as required by House Enrolled Act 1623-2023 (HEA 1623). The division seeks comment on the affected citations listed and any other provisions of Title 75 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-153 Sec. 7. "Apostille authentication" means a certificate or an attestation of authenticity of an Indiana public official's signature issued by the secretary of state under IC 33-42-15-1 for accepting documents by foreign countries under the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents. Sec. 1. (a) The secretary of state commissions notaries public under the provisions of IC 33-42-12-1. Each An applicant applying for a notary commission must electronically submit an application using the notary application prescribed by the secretary of state. (b) The application for a notary public commission must include the following: (c) A non-Indiana resident, primarily employed in Indiana, must also submit the following: (d) Once an applicant successfully complies with all the requirements of subsection (b), and, when applicable, subsection (c), the secretary of state shall issue a notary commission with a unique commission number and expiration date and indicate this on the public database. (e) If an applicant fails to comply with the requirements of subsection (b)(1) through (b)(10), and, when applicable, subsection (c), when applicable, the secretary of state shall inform the applicant that the application has been rejected. (f) If an applicant fails to comply with the requirements of subsection (b)(11) or has a disqualifying offense, the secretary of state shall inform the applicant that the application has been denied. (g) If an applicant is rejected three (3) times within thirty (30) days, the applicant must wait thirty (30) days before submitting another application. (h) If an application is denied, the applicant is entitled to timely notice and a hearing, as described in IC 4-21.5. Sec. 1. For an initial or a reapplication for commission, the secretary of state shall, in addition to other applicable fees, collect the following: Sec. 2. For a request for duplicate commission certificate, the secretary of state shall, in addition to other applicable fees, collect the following: Sec. 3. For continuing education, the secretary of state shall, in addition to other applicable fees, collect the following: Sec. 4. For an application for registration as a remote notary public, the secretary of state shall, in addition to other applicable fees, collect the following: Sec. 5. For a remote technology vendor application, the secretary of state shall collect one thousand five hundred dollars ($1,500) to the enhanced access fund established by IC 4-5-10-5. Sec. 1. (a) A request for an apostille authentication must include the following: (b) The secretary of state may refuse to issue an apostille authentication for a notarized document if the notarization does not comply with IC 33-42. (c) The secretary of state may refuse to issue an apostille authentication for a photocopy or facsimile signature. (d) The secretary of state may refuse to issue an apostille authentication for a document that is: (e) If the secretary of state refuses to issue an apostille authentication, the secretary of state, not later than ten (10) business days after the filing is delivered, shall: Sec. 2. (a) The secretary of state shall adopt a format for apostille authentications that is consistent with the Trilingual Model Apostille Certificate maintained by the Hague Conference on Private International Law. (b) The format adopted under subsection (a) must be used even if the document's destination country has not ratified or adopted the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention). The certificate must include a statement to facilitate the use of the certificate in foreign countries that have not ratified or adopted the Apostille Convention.