agency-secretary-of-state•Idaho Administrative Code — Secretary of State
Idaho Administrative Code — Secretary of State
agency-secretary-of-stateIDAPA (Secretary of State)Regulation
IDAPA 34 Secretary of State
34.05.01 Rules Governing Farm Products Central Filing System
IDAPA 34.05.01.000 Legal Authority
In accordance with Sections 67-903(9), 28-9-523(g), an d 28-9-524, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office of the Secretary of State. This authority includes rules to implement and maintain the USDA certified Idaho Central Filing System, in accordance with P.L. 99-198, Section 1324 of the Federal Food Security Act (1985) and Title 9, CFR Part 205 (2010).(3-25-22)
IDAPA 34.05.01.001 Scope
These rules govern the requirements for the filing of Farm Products Financing Statements, for the filing of amen dments to Farm Products Financing Statements, and for the compilation and distribution of a master list of Farm Products Financing Statements, and portions of the master list.(3-25-22)
IDAPA 34.05.01.002 (Reserved)
IDAPA 34.05.01.010 Definitions
The definitions set forth in Section 28-9-102, Idaho Code, apply with full force and effect to all provisions and sections of these rules. Where terms used in this rule are not explicitly or completely defined herein, definitions and usage of terms from the Legal Authority in Section 000 of these rules are applicable.(3-25-22)
01.Crop Year.(3-25-22)
a.For a plant or plant product, the calendar year in which it is harvested or to be harvested. (3-25-22)
b.For mammals, the calendar year in which they are born or acquired.(3-25-22)
c.For bees and worms, the calendar year in which they are alive in adult form.(3-25-22)
d.For poultry and the products of mammals, poultry, and bees (i.e., milk, eggs, and honey), the calendar year in which they are sold or to be sold.(3-25-22)
e.For fish and other aquaculture, the calendar year in which they are harvested or to be harvested.
02.Farm Products Financing Statement. A financing statement covering farm products.(3-25-22)
03.Item on a Master List. An entry on a master list relating to one (1) Farm Products Financing Statement and one (1) debtor listed thereon.(3-25-22)
04.ML Grouping. That related group of farm products which will appear as one (1) ML number on the master list.(3-25-22)
IDAPA 34.05.01.011 Abbreviations
Where abbreviations used in these rules are no t explicitly or completely defined herein, definitions and usage of abbreviations from the Legal Authority in Section 000 of these rules are applicable.(3-25-22)
01.ML. A master list, which covers Farm Products Financing Statements relating to a particular farm product or group of farm products.(3-25-22)
02.SOS. Idaho Secretary of State.(3-25-22)
03.USDA. United States Department of Agriculture.(3-25-22)
IDAPA 34.05.01.012 (Reserved)
IDAPA 34.05.01.020 Unique Identifier Number (uin)
01.UIN System.
The Secretary of State’s Office will use a UIN system that has been approved and certified by the USDA for the Idaho Central Filing System in place of the former use of complete social security numbers as a means of debtor identification.(3-25-22)
02.Social Security Numbers and Tax Identification Numbers. With the use of UINs, as approved by the USDA, the SOS will no longer require or accept social security numbers or tax identification numbers, in total, on Farm Products Financing Statements. Only the last four (4) digits shall be required and used. The SOS will not provide social security numbers or tax identification numbers, in total, to any person or business entity, in any format, from Farm Products Financing Statements.(3-25-22)
IDAPA 34.05.01.021 (Reserved)
IDAPA 34.05.01.100 Farm Products Financing Statement Requirements
01.Form.
A Farm Products Financing Statement must meet the requirements of Section 28-9-502, Idaho Code, and must be filed on SOS form “UCC-1F.”(3-25-22)
02.Completion of Form. Form UCC-1F must be completed in accordance with instructions provided by the SOS.(3-25-22)
IDAPA 34.05.01.101 Amendment, Assignment, Continuation, and Termination of a Farm
PROD
UCTS FINANCING STATEMENT.
01.Form.
An amendment, assignment, or continuation of a Farm Products Financing Statement must be filed on SOS form “UCC-3F.”(3-25-22)
02.Completion of Form. Form UCC-3F must be completed in accordance with instructions provided by the SOS.(3-25-22)
03.Termination. Termination of a Farm Products Financing Statement will be done either by the secured party’s signature on the termination signature line on the original of the UCC-1F or by checking the termination box on the UCC-3F.(3-25-22)
IDAPA 34.05.01.102 Farm Products Financing Statements Under the Uniform Commercial
CODE.
Unless otherwise provided for in this chapter, Farm Products Financing Statements shall be governed by IDAPA 34.05 .06, “Administrative Rules Governing Lien Filings Under the UCC,” with the following exceptions: (3-25-22)
01.IDAPA 34.05.06.101.05 “File Number.” Subsection 101.05 only applies in that a unique number shall be assigned. For Farm Products Financing Statements, the filing type shall be designated as “F” followed by a number that is assigned sequentially. The filing number bears no relation to the time of filing and is not an indicator of priority.(3-25-22)
02.IDAPA 34.05.06.108 “Acceptable Forms.” Section 108 does not apply to Farm Products Financing Statements.(3-25-22)
03.IDAPA 34.05.06.111 “Filing Fees.” Section 111 does not apply to Farm Products Financing Statements.(3-25-22)
04.IDAPA 34.05.06.115.01 “Individually Identified Documents.” Subsection 115.01 does not apply to Farm Products Financing Statements. Copies of Farm Products Financing Statements shall be made available either from a computer terminal in the reception area in the filing office or through any medium otherwise accepted by the filing office. There is a charge of one dollar ($1) per page for copies of Farm Products Financing Statements pursuant to Section 28-9-523(k), Idaho Code.(3-25-22)
05.IDAPA 34.05.06.202.02 “Additional Debtor Identification.” Subsection 202.02 does not apply to
06.IDAPA 34.05.06.301.01 “Identification Numbers.” Subsection 301.01 applies, however, each Farm Products Financing Statement is identified by its file number as described in Subsection 102.01 of these rules.
07.IDAPA 34.05.06.301.05 “Status of Financing Statement.” Subsection 301.05 does not apply to
08.IDAPA 34.05.06.302.01 “Individual Name Fields.” Subsection 302.01 applies, however, no indicator is used to distinguish the name as that of an individual.(3-25-22)
09.IDAPA 34.05.06.302.05 “No Assumed Business Names.” Subsection 302.05 does not apply to Farm Products Financing Statements. However, if an assumed business name is used as the debtor name, the required information shall be as indicated in Subsection 020.02 of these rules.(3-25-22)
10.IDAPA 34.05.06.303.01 “Single Field.” Subsection 303.01 applies, however, no indicator is used to distinguish the name as that of an organization.(3-25-22)
11.IDAPA 34.05.06.303.03 “No Assumed Business Name.” Subsection 303.03 does not apply to Farm Products Financing Statements. However, if an assumed business name is used as the debtor name, the required information shall be as indicated in Subsection 020.02 of these rules.(3-25-22)
12.IDAPA 34.05.06.306.02 “Status of Debtor.” Subsection 306.02 does not apply to Farm Products Financing Statements.(3-25-22)
13.IDAPA 34.05.06.306.03 “Status of Financing Statement.” Subsection 306.03 does not apply to
14.IDAPA 34.05.06.310 “Termination.” Section 310 does not apply to Farm Products Financing Statements.(3-25-22)
15.IDAPA 34.05.06.312 “Procedure Upon Lapse.” Section 312 only applies to Farm Products Financing Statements in that a Farm Products Financing Statement lapses on its lapse date. Upon lapse of a Farm Products Financing Statement, the information management system shall cause the Farm Products Financing Statement to no longer be made available to the searcher.(3-25-22)
16.IDAPA 34.05.06.407 “Data Entry of Names - Designated Fields.” Section 407 applies to Farm Products Financing Statements, however, the filer is not required to designate whether a name is an individual or an organization.(3-25-22)
17.IDAPA 34.05.06.408 “Data Entry of Names - No Designated Fields.” Section 408 does not apply to Farm Products Financing Statements.(3-25-22)
18.IDAPA 34.05.06.410.02 “Name and Address of Each Debtor.” Subsection 410.02 applies to Farm Products Financing Statements, however, each debtor name is removed from the searchable index upon lapse or termination.(3-25-22)
19.IDAPA 34.05.06.411.03 “Amendment Financing Statement Lapses.” Subsection 411.03 applies to Farm Products Financing Statements, however, each debtor name is removed from the searchable index upon lapse or termination.(3-25-22)
20.IDAPA 34.05.06.413 through IDAPA 34.05.06.504. Sections 413 through 504 do not apply to
IDAPA 34.05.01.103 (Reserved)
IDAPA 34.05.01.200 Collateral Information Codes
Codes are used to describe farm product collateral on the Farm Products Financing Statements and amendments, on the master list maintained by the SOS, and on the MLs distributed to registered buyers, commission merchants, and selling agents. Assignment of farm product codes and ML Groupings, county codes, and farm product unit codes shall be done by the SOS. The SOS will provide a list of the established codes upon request.(3-25-22)
01.ML Groupings and Farm Product Codes. The table of ML Groupings, farm products, and their codes is as follows: 01Wheat and Buckwheat010Wheat 011Buckwheat 02Feed and Oil Grains020Barley 021Rye (including Triticale) 022Oats 023Sorghum Grain 024Flaxseed 025Safflower 026Rape (including Canola) 027Field Corn 028Millet 03Hay030Hay 04Ensilage040Ensilage 05Potatoes050Potatoes 06Sugar Beets060Sugar Beets 07Dry Beans070Dry Beans 08Dry Peas, Lentils and Garbanzos080Dry Peas 081 Lentils 082Garbanzos (Chick Peas) 09Sweet Corn090Sweet Corn 10Onions and Garlic100Onions 101Onion Seed 102Garlic 11Mint110Mint 12Hops120Hops 13Popcorn & Sunflower Seeds130Popcorn 131 Sunflower Seeds 14Soybeans140Soybeans 15Rice150Rice 16Seeds160Grass for Seed 161Alfalfa for Seed 162Other Hay Legumes for Seed 163Garden Vegetables and Flower Seeds 164Seed Potatoes 165Row Crops for Seed 17Vegetables & Melons170Green Peas 171Tomatoes 172Lettuce 173Cucumbers 174Broccoli 175Cauliflower 176Lima Beans 177Green Beans 178Melons 179Carrots 180Turnips 181Asparagus 182Spinach and Collards 183Pumpkins and Squash 184Radishes 185Peppers 186Herbs 19Fruits190Apples 191Apricots 192Cherries 193Nectarines 194Peaches 195Pears 196Plums 20Berries200 Strawberries 201Raspberries 21Nursery Products210 Sod 211 Nursery Stock (Trees and Shrubs) 212Christmas Trees 213Flowers and Potted Plants 22Mushrooms220 Mushrooms 23Grapes230Grapes 50Beef Animals500Beef Cattle and Calves 501Beefalo 502Bison 51Sheep, Wool510Sheep and Lambs Goats and Llamas 511Wool 512Goats 513Llamas 52Hogs520Hogs 53Dairy530Dairy Cattle
02.County Codes. The table of county codes is as follows. Unless otherwise indicated, counties are in Idaho. 531Milk 54Equines540Horses 541Mules 542Donkeys and Burros 55Chickens and Eggs550Chickens 551Eggs 56Other Fowl560Turkeys 561Ducks 562Geese 563Game Birds 564Ostriches, Emus, and Rheas 57Mink, Rabbits and Fox570Mink and Pelts 571Rabbits 572Fox and Pelts 58Apiary Products580Bees 581Honey 582Bees Wax 59Fish and Other Aquaculture590Fish and Other Aquaculture 60Big Game Animals (Deer and Elk)600Big Game Animals (Deer and Elk) 61Worms610Worms 62Semen620Cattle Semen 621Horse Semen
03.Unit Codes. The table for codes for units used to indicate the amount of a FP covered is as follows:
IDAPA 34.05.01.201 Registration of Buyers, Commission Merchants, and Selling Agents --
SUBSCRIPTION TO THE ML.
01.Form. Reg istration of buyers, commission merchants, and selling agents must be on the SOS “Subscription Application/Renewal” form.(3-25-22)
02.Duration. Registration is effective for a period of one (1) year. Renewal of registration may be filed at any time after ninety (90) days prior to expiration of a current registration period.(3-25-22)
03.Initial Subscription. Subscriptions to the ML may be made at any time.(3-25-22)
IDAPA 34.05.01.202 (Reserved)
IDAPA 34.05.01.300 Form and Distribution of a Ml and Cs
01.Content of List. Each ML includes data from all Farm Products Financing Statements which cover 00All Idaho Counties 01Ada16Cassia31Lewis46Garfield, Wa. 02Adams17Clark32Lincoln47Pend Orielle, Wa. 03Bannock18Clearwater33Madison48Spokane, Wa. 04Bear Lake19Custer34Minidoka49Whitman, Wa. 05Benewah20Elmore35Nez Perce50Malheur, Or. 06Bingham21Franklin36Oneida51Elko, Nv. 07Blaine22Fremont37Owyhee52Box Elder, Ut. 08Boise23Gem38Payette53Cache, Ut. 09Bonner24Gooding39Power54Rich, Ut. 10Bonneville25Idaho40Shoshone55Lincoln, Wy. 11Boundary26Jefferson41Teton56Teton, Wy 12Butte27Jerome42Twin Falls57Beaverhead, Mt. 13Camas28Kootenai43Valley58Lincoln, Mt 14Canyon29Latah44Washington59Sanders, Mt. 15Caribou30Lemhi45Asotin, Wa.99Not in Table A - acresG - gallonsT - tons B - bushelsH - headV - hives C - hundred weightL - poundsW - lugs E - casesN - binsX - boxes F - flatsS - sacksZ - stubs all ML Groupings.(3-25-22)
02.ML Publication Dates. Each ML is published in complete form on the first regularly scheduled biweekly publication date in each calendar quarter. A ML may at other times be published in complete form at the discretion of the SOS.(3-25-22)
03.Cut-Off. In order to be included on a ML or CS, a Farm Products Financing Statement must be received by the SOS at least one (1) business day prior to publication.(3-25-22)
04.Schedule. At the beginning of each calendar quarter, the SOS will make available a schedule of proposed publication dates for that calendar quarter. The SOS may, for good cause, deviate from the schedule, but every ML will be clearly marked with the actual date of publication. In no case will there be more than eighteen (18) days between publications of the ML.(3-25-22)
IDAPA 34.05.01.301 Requests for Information
Requests for information on Farm Products Financing Statements will comply with IDAP A 34.05.03, “Rules Governing Requests For Information -- Form UCC-4 -- Fees.”(3-25-22)
IDAPA 34.05.01.302 Fees
01.Farm Products Financing Statement. Farm Products Financing Statement and changes thereto (UCC-1F and UCC-3F).(3-25-22)
a.The fee for filing either a UCC-1F or a UCC-3F is provided in IDAPA 34.05.06, “Administrative Rules Governing Lien Filings Under the UCC - Farm Product Liens,” Section 606.(3-25-22)
b.There is no charge for filing a complete termination of a Farm Products Financing Statement.
02.Subscription to ML by Buyers, Commission Merchants, and Selling Agents.(3-25-22)
a.The fee for subscribing for one (1) year is sixty dollars ($60).(3-25-22)
b.The subscription fee must be paid at the time the subscription is made.(3-25-22)
04.Fees for Requests for Information. The fees for requests for information on Farm Products Financing Statements, both written and verbal, and for copies of Farm Products Financing Statements reported on the certificate, are provided in IDAPA 34.05.03, “Rules Governing Requests For Information -- Form UCC-4 -- Fees.”
IDAPA 34.05.01.303 (Reserved)
34.03.01 Rules Implementing the Sunshine Law
IDAPA 34.03.01.000 Legal Authority
This chapter is promulgated pursuant to Chapter 66, Title 67, Idaho Code, specifically Sections 67-6603, 67-6607, 67-660 8, 67-6610, 67-6611, 67-6612, 67-6614A, 67-6623, Idaho Code.(7-1-26)
IDAPA 34.03.01.001 Title and Scope
The rules in this Chapter are known as IDAPA 34.03.01, “R ules Implementing the Sunshine Law.”(3-31-22)
IDAPA 34.03.01.002 (Reserved)
IDAPA 34.03.01.011 Forms
01.Form for the Appointment and Certi fication of Political Treasurer. The official form for the appointment and certification of a political treasurer as required by Section 67-6603, Idaho Code is hereby adopted for use in reporting to the Secretary of State. This form shall be numbered “C-1” designated as “Appointment and Certification of Political Treasurer for Candidates and Committees” and shall be available online.(3-31-22)
02.Forms for the Disclosure of Campaign Finances by Candidates and Political Committees. The official forms for the statement required by Sections 67-6607, 67-6608, and 67-6612, Idaho Code are hereby adopted for use in reporting to the Secretary of State. The form numbered “C-2” shall be designated “Campaign Financial Disclosure Report” and shall be available online. The form numbers “C-2A” shall be designated “Contributions Pledged But Not Yet Received” and shall be available online. The form numbered “C-2B” shall be designated “Expenditures Incurred (Debts and Obligations) and Payments Made on Debt” and shall be available online.
03.Form for Report of Alleged Violation of Sunshine Law. Pursuant to the authority of Section 67- 6623(f), Idaho Code of the Sunshine Law the official form to be used in filing a complaint that a person has violated the Sunshine Law is hereby adopted for use in reporting to the Secretary of State. This form shall be designated as “L- 5” and shall be available online. Any person may file a complaint against anyone covered by the Sunshine Law. Such complainant must submit form “L-5” to properly file his complaint. No other method of filing a complaint will be recognized.(3-31-22)
IDAPA 34.03.01.012 Date of Receipt
When any application, report, statement, notice or any other document required to be filed by the provisions of Title 7, Chapter 66, Idaho Code has been deposited post paid in the United States mail properly addressed, it shall be deemed to have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing.(3-31-22)
IDAPA 34.03.01.013 Expenditures Other Than Contributions
01.Reporting Periods. Reportin g periods for disclosing expenditures other than contributions. The reporting periods for the statements required by Section 67-6611, Idaho Code shall be as follows:(3-31-22)
a.The period covered by the Thirty (30) Day Post-Primary report shall be from the date of the first independent expenditure thru the twentieth (20th) day after the primary election.(3-31-22)
b.The period covered by the Thirty (30) Day Post-General report shall begin on the twenty-first day following the primary election and continue thru the twentieth (20th) day following the general election.(3-31-22)
IDAPA 34.03.01.014 Source of Cash on Hand
Newly certified committees must disclos e source of cash on hand. Political committees and candidates which have cash on hand at the time of certification (which the committee or candidate anticipates using in an election) shall disclose on their first report the source(s) of these funds, including the information required by Section 67-6612, Idaho Code. Disclosure shall consist of reporting to the Secretary of State the name and address of each person who has contributed more than fifty dollars ($50) to the committee in the current calendar year and the immediately preceding calendar year along with the aggregate amount contributed by each person.(3-31-22)
IDAPA 34.03.01.015 Advertising Regulation Exemption
Items exempt from advertising regulation. Campaign buttons, bumper strips, pins, pens and similar small items upon which a disclaimer cannot be conveniently printed are not deemed to be regulated by the provisions of Section 67- 6614A, Idaho Code.(3-31-22)
IDAPA 34.03.01.016 Community Property Contributions
01.Contributions of Community Property -- How Treated.
A contribution of community property shall be deemed to be given one-half (1/2) by each spouse. To be treated as community property the contribution must be specifically identified a such. Moneys contributed from a joint account of husband and wife shall be deemed to be received one-half (1/2) from each spouse only if both spouses have signed the check. The following are examples of contributions:(3-31-22)
a.Husband contributes sixty dollars ($60) by personal check to political treasurer X out of community funds. There is no specific designation that such sixty dollars ($60) contribution is community property.
X must treat the entire sixty dollars ($60) contribution as coming from husband.(3-31-22)
b.Husband contributes by personal check sixty dollars ($60) to a political treasurer X out of community funds. Accompanying such contribution is a statement certifying that such contribution is from the community funds of husband and wife. X must report husband and wife as each contributing thirty dollars ($30).
c.Wife contributes sixty dollars ($60) to political treasurer X by personal check drawn on the joint account of husband and wife. Wife is the only spouse to sign the check. X must report the entire sixty dollars ($60) as being contributed by wife.(3-31-22)
d.Husband and wife contribute sixty dollars ($60) to political treasurer X by a check drawn on their joint account both husband and wife have signed the check. X should report husband and wife as each contributing thirty dollars ($30).(3-31-22)
e.Assuming that after contributing as in the example in Subsection 016.01.d., husband contributes separately another twenty-five dollars ($25) X should report husband aggregate total as fifty-five dollars ($55) and pursuant to Section 67-6610 must list husband’s name and address on the campaign financial disclosure report.
IDAPA 34.03.01.017 (Reserved)
34.05.06 Rules Governing Lien Filings Under the UCC
IDAPA 34.05.06.000 Legal Authority and References
In accordance with Sections 67-903(9) (1977) and 28-9-526 (2 001), Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office; this authority includes rules to implement Revised Article 9 of the Uniform Commercial Code, House Bill 205 (2001).(3-25-22)
IDAPA 34.05.06.001 Scope
These rules govern the filing, acceptance, indexing and searching of financing statements in the Secretary of State’s Office under Article 9 of the Uniform Commercial Code.(3-25-22)
IDAPA 34.05.06.002 (Reserved)
SUBCHAPTER 1 – GENERAL PROVISIONS
IDAPA 34.05.06.101 Definitions
For the purpose of the rules contained in this chapter, the following definitions apply:(3-25-22)
Amendment. A UCC document that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations.(3-25-22)
02.Assignment. An amendment that purports to reflect an assignment of all or a part of a secured party’s power to authorize an amendment to a financing statement.(3-25-22)
03.Continuation. An amendment that purports to continue the effectiveness of a financing statement.
04.Correction Statement. A UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.(3-25-22)
05.File Number. The unique identifying information assigned to an initial financing statement by the filing officer for the purpose of identifying the financing statement and UCC documents relating to the financing statement in the filing officer's information management system. For a financing statement with an initial financing statement filed on or prior to June 30, 2001, the file number includes the seven-digit (7) number assigned to the financing statement by the filing officer. For a financing statement with an initial financing statement filed on or after July 1,2001, the file number includes three (3) segments; the year of filing expressed as a four-digit (4) number, followed by a unique seven-digit (7) number assigned to the financing statement by the filing office and ending with a one-digit (1) verification number assigned by the filing office but algorithmically derived from the numbers in the first two (2) segments. The filing number bears no relation to the time of filing and is not an indicator of priority.
06.Filing Office and Filing Officer. The Idaho Secretary of State’s Office.(3-25-22)
07.Financing Statement. An initial financing statement and all UCC documents that relate to the initial financing statement.(3-25-22)
08.Individual. A human being, or a decedent in the case of a debtor that is such decedent's estate.
09.Initial Financing Statement. A UCC document containing the information required to be in an initial financing statement pursuant to Section 2 of these rules which, when filed, causes the filing office to establish the initial record of the existence of a financing statement in the filing office's UCC information management system.
10.Organization. A legal person who is not an individual under Subsection 101.08.(3-25-22)
11.Remitter. A person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. “Remitter” does not include a person responsible merely for the delivery of the document to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.(3-25-22)
12.Secured Party of Record. With respect to a financing statement, a secured party or representative of a secured party named on the initial financing statement or, if an assignee is designated on the initial financing statement, instead shall mean the secured party or representative named as such assignee, and shall mean each other secured party or secured party representative named as an additional or substitute secured party on any amendment.
Revised Article 9 provides that a person remains a secured party of record until the authorized filing of an amendment indicating that the person is no longer a secured party or secured party representative. However, as the filing officer cannot determine if such an amendment is in fact authorized, a secured party of record on a financing statement is not deleted from the filing officer’s information management system until the financing statement lapses.(3-25-22)
13.Termination. An amendment intended to indicate that the related financing statement has ceased to be effective with respect to the secured party authorizing the termination.(3-25-22)
14.UCC. The Uniform Commercial Code as enacted in this state, Section 28-11-101, et seq., Idaho Code.(3-25-22)
15.UCC Document. An initial financing statement, a correction statement or any amendment, including an assignment, a continuation, or a termination. The word “document” in the term “UCC document” shall not be deemed to refer exclusively to paper or paper-based writings. In due time, UCC documents may be expressed or transmitted electronically or through media other than such writings. (Note: this definition is used for the purpose of these rules only. The use of the term “UCC document” in these rules has no relation to the definition of the term “document” in Section 28-9-102(a)(30), Idaho Code.)(3-25-22)
IDAPA 34.05.06.102 (Reserved)
IDAPA 34.05.06.103 Place of Filing
The Secretary of State’s Office is the filing office for filing UCC docu ments relating to all types of collateral except for timber to be cut, as-extracted collateral (Section 28-9-102(a)(6), Idaho Code) and, when the relevant financing statement is filed as a fixture filing, goods which are or are to become fixtures.(3-25-22)
IDAPA 34.05.06.104 Filing Office Identification
In addition to the promulgation of these rules, the filing of fice will disseminate information of its location, mailing address, telephone and facsimile numbers, and its internet and other electronic “addresses” through usual and customary means.(3-25-22)
IDAPA 34.05.06.105 Office Hours
Although the filing office maintains regular of fice hours, it receives transmissions by facsimile twenty-four (24) hours per day, three hundred sixty-five (365) days per year, except for scheduled maintenance and unscheduled interruptions of service. Electronic filings may be available in the near future, and will be possible twenty-four (24) hours per day, three hundred sixty-five (365) days per year, except for scheduled maintenance and unscheduled interruptions of service.(3-25-22)
IDAPA 34.05.06.106 Ucc Document Delivery
UCC documents may be tendered for filing at the filing office as follows:(3-25-22)
Personal Delivery, at the Filing Office’s Street Address. The file time for a UCC document delivered by this method is when delivery of the UCC document is accepted by the filing office (even though the UCC document may not yet have been accepted for filing and subsequently may be rejected).(3-25-22)
02.Courier Delivery, at the Filing Office’s Street Address. The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.
03.Postal Service Delivery to the Filing Office’s Mailing Address. The file time for a UCC document delivered by this method is the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.(3-25-22)
04.Online Delivery Through the Filing Office’s Website. The file time for a UCC document delivered by this method is, when the document is submitted to the filing office (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected).(3-25-22)
IDAPA 34.05.06.107 Search Request Delivery
UCC search requests may be delivered to the filing office by any of the means by which UCC documents may be delivered to the filing office. Requirements concerning search requests are set forth in Section 501. UCC search requests upon a debtor named on an initial financing statement may be made by an appropriate indication on the face of the initial financing statement form if the form is entitled to be filed with the standard form fee and the relevant search fee is also tendered with the initial financing statement(3-25-22)
IDAPA 34.05.06.108 Acceptable Forms
The forms set forth in Section 28-9-521, Idaho Code, shall be accepted by the filing office. Forms approved by the International Association of Corporation Administrators on or prior to July 1, 2001, and forms approved by the filing office shall be accepted.(3-25-22)
IDAPA 34.05.06.109 (Reserved)
IDAPA 34.05.06.111 Filing Fees
Section 28-9-525, Idaho Code.(3-25-22)
Filing Fee. The fee for filing and indexing a UCC document of one (1) or two (2) pages communicated on paper or in a paper-based format is six dollars $(6). If there are additional pages, the fee is twelve dollars ($12). When available, the fee for filing and indexing a UCC document communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be three dollars ($3).
02.UCC Search Fee. The fee for a UCC online search is three dollars ($3). Certified searches may be performed using form UCC4 with fees as per IDAPA rule 34.05.03.(3-25-22)
03.Correct Filing Fee is Required for Processing. Incorrect calculated payments will be returned.
IDAPA 34.05.06.112 (Reserved)
IDAPA 34.05.06.113 Methods of Payment
Filing fees and fees for public records services may be paid by the following methods:(3-25-22)
Cash. Payment in cash shall be accepted if paid in person at the filing office.(3-25-22)
02.Checks. Personal checks, business checks, bank-certified checks or cashiers checks and money orders shall be accepted for payment if they are drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.(3-25-22)
03.Credit Card. Payment with a credit card shall be accepted if paid in person at the filing office or making a payment online.(3-25-22)
IDAPA 34.05.06.114 Public Records Services
Public records services are p rovided on a non-discriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC documents and copies of data from the UCC information management system.(3-25-22)
01.Individually Identified Documents. Copies of individually identified UCC documents are available either from a computer terminal in the reception area in the filing office or through any medium otherwise accepted by the filing office. There is a charge of twenty-five cents ($.25) per page for printed information, but only if four (4) or more pages are printed.(3-25-22)
02.Bulk Copies of Documents. Bulk copies of UCC documents are available by subscription.
03.Data from the Information Management System. A list of available data elements from the UCC information management system, and the file layout of the data elements, are available from the filing officer upon request. Data from the information management system is available as follows:(3-25-22)
a.Full Extract. A bulk data extract of information from the UCC information management system is available on a bi-weekly basis.(3-25-22)
b.Format. Extracts from the UCC information management system are available in plain text format.
04.Direct On-Line Services. On-line services providing UCC information are available from the UCC information management data request systems.(3-25-22)
IDAPA 34.05.06.115 Fees for Public Records Services
Fees for public records services are established as follows:(3-25-22)
01.Charge for Paper Copies. The charge for paper copies of individual documents is one dollar ($1) per page.(3-25-22)
02.Data From the Information Management System. The charge for a full extract is one hundred twenty-five dollars ($125) per bi-weekly download.(3-25-22)
IDAPA 34.05.06.116 New Practices and Technologies
The filing officer may adopt practices and procedures to accomplish receipt, processing, maintenance, retrieval and transmission of, and remote access to, Article 9 filing data by means of electronic, voice, optical and/or other technologies, and, without limiting the foregoing, to maintain and operate, in addition to or in lieu of a paper-based system, a non-paper-based Article 9 filing system utilizing any of such technologies. In developing and utilizing technologies and practices, the filing officer shall, to the greatest extent feasible, take into account compatibility and consistency with technologies, practices, policies and regulations adopted in connection with Article 9 filing systems in other states.(3-25-22)
IDAPA 34.05.06.117 (Reserved)
SUBCHAPTER 2 – ACCEPTANCE AND REFUSAL OF DOCUMENTS
IDAPA 34.05.06.200 Role of Filing Officer
01.Duties and Responsibilities.
The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial.(3-25-22)
02.What the Filing Officer Does Not Do. In accepting for filing or refusing to file a UCC document pursuant to these rules, the filing officer does not:(3-25-22)
a.Determine the legal sufficiency or insufficiency of a document.(3-25-22)
b.Determine that a security interest in collateral exists or does not exist.(3-25-22)
c.Determine that information in the document is correct or incorrect, in whole or in part.(3-25-22)
d.Create a presumption that information in the document is correct or incorrect, in whole or in part.
IDAPA 34.05.06.201 Duty to File
Provided that there is no ground to refu se acceptance of the document under Section 202, a UCC document is filed upon its receipt by the filing officer with the filing fee and the filing officer shall promptly assign a file number to the UCC document and index it in the information management system.(3-25-22)
IDAPA 34.05.06.202 Grounds for Refusal of Ucc Document
The following grounds are the sole grounds for the filing officer's refusal to accept a UCC document for filing. As used herein, the term “legible” is not limited to refer only to written expressions on paper: it requires, when appropriate, a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases.(3-25-22)
01.Debtor Name and Address. An initial financing statement or an amendment that purports to add a debtor shall be refused if the document fails to include a legible debtor name and address for a debtor, in the case of an initial financing statement, or for the debtor purporting to be added in the case of such an amendment. If the document contains more than one debtor name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide a notice to the remitter containing the file number of the document, identification of the debtor name(s) that was (were) indexed, and a statement that debtors with illegible or missing names or addresses were not indexed.(3-25-22)
02.Additional Debtor Identification. An initial financing statement or an amendment adding one or more debtors shall be refused if the document fails to identify whether each named debtor (or each added debtor in the case of such an amendment) is an individual or an organization, if the last name of each individual debtor is not identified, or if, for each debtor identified as an organization, the document does not include in legible form the organization’s type, state of organization and organization number (or a statement that it does not have an organization number). UCC documents, including the UCC1 and UCC3, should not contain Social Security Account Numbers or other Taxpayer identification numbers although there are spaces for this information on the approved UCC1 and UCC3 form. If these numbers are entered on the forms, the filing officer shall cause them not to be readable on the scanned image retained by the filing office.(3-25-22)
03.Secured Party Name and Address. An initial financing statement, an amendment purporting to add a secured party of record, or an assignment, shall be refused if the document fails to include a legible secured party (or assignee in the case of an assignment) name and address. If the document contains more than one secured party (or assignee) name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide a notice to the remitter containing the file number of the document, identification of the secured party (or assignee) names that were indexed, and a statement that secured parties with illegible or missing names or addresses were not indexed.(3-25-22)
04.Lack of Identification of Initial Financing Statement. A UCC document other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement which exists in the UCC information management system and which has not lapsed.(3-25-22)
05.Other Required Information. A UCC document that does not identify itself as an initial financing statement or as another type of UCC document shall be refused.(3-25-22)
06.Timeliness of Continuation . A continuation shall be refused if it is not received during the six (6) month period concluding on the day upon which the related financing statement would lapse.(3-25-22)
a.First Day Permitted. The first day on which a continuation may be filed is the date of the month corresponding to the date upon which the financing statement would lapse, six (6) months preceding the month in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on such date if the filing office is not open on such date.(3-25-22)
b.Last Day Permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses.(3-25-22)
07.Fee. A document shall be refused if the document is accompanied by less than the full filing fee tendered by a method described in Section 113.(3-25-22)
08.Means of Communication. UCC documents communicated to the filing office by a means of communication not authorized by the filing officer for the communication of UCC documents shall be refused.
IDAPA 34.05.06.203 (Reserved)
IDAPA 34.05.06.204 Time Limit
The filing officer shall determine whether criteria exist to refuse acceptance of a UCC document for filing not later than the second business day after the date the document would have been filed had it been accepted for filing and shall index a UCC document not so refused within the same time period.(3-25-22)
IDAPA 34.05.06.205 Procedure Upon Refusal
If the filing officer finds any basis under Section 202 to refu se acceptance of a UCC document, the filing officer shall return the document, if written, to the remitter and refund the filing fee. The filing office shall send a notice that contains the date and time the document would have been filed had it been accepted for filing (unless such date and time are stamped on the document), and a brief description of the reason(s) for refusal to accept the document under Section 202. The notice shall be sent to a secured party or the remitter as provided in Subsection 401.02.b. no later than the second business day after of the determination to refuse acceptance of the document. A refund may be delivered with the notice or under separate cover.(3-25-22)
IDAPA 34.05.06.206 Acknowledgment
At the request of a filer or remitter, the filing officer shall communicate to the filer or remitter the information in the fi led document, the file number and the date and time of filing.(3-25-22)
IDAPA 34.05.06.207 Other Notices
Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer not iced apparent potential defects in a UCC document, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not have the resources to do so. THE RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF FILING RESTS WITH FILERS AND REMITTERS AND THE FILING OFFICE BEARS NO RESPONSIBILITY FOR SUCH EFFECTIVENESS.(3-25-22)
IDAPA 34.05.06.208 Refusal Errors
If a secured party or a remitter demonstrates to the satisfacti on of the filing officer that a UCC document that was refused for filing should not have been, the filing officer will file the UCC document as provided in these rules with a filing date and time assigned when such filing occurs. The filing officer will also file a filing officer statement that states the effective date and time of filing which shall be the date and time the UCC document was originally tendered for filing. The lapse date shall be calculated based upon the date the UCC document was originally tendered.
IDAPA 34.05.06.209 (Reserved)
SUBCHAPTER 3 – UCC INFORMATION MANAGEMENT SYSTEM
IDAPA 34.05.06.300 Policy Statement
The filing officer uses an information management system t o store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors named on financing statements which have not been lapsed for more than one (1) year.(3-25-22)
IDAPA 34.05.06.301 Primary Data Elements
The primary data elements used in the UCC information management system are the following:(3-25-22)
01.Identification Numbers.(3-25-22)
a.Each initial financing statement is identified by its file number as described in Subsection 101.05.
Identification in the form of the file number of the initial financing statement is stamped on written UCC documents or is otherwise permanently associated with the record maintained for UCC documents in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising such record is maintained in such system. Such record is identified by the same information assigned to the initial financing statement.(3-25-22)
b.A UCC document other than an initial financing statement is identified by a unique file number assigned by the filing officer. In the information management system, records of all UCC documents other than initial financing statements are linked to the record of their related initial financing statement.(3-25-22)
02.Type of Document. The type of UCC document from which data is transferred is identified in the information management system from information supplied by the remitter.(3-25-22)
03.Filing Date and Filing Time. The filing date and filing time of UCC documents are stored in the information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date or the effective filing date as provided in Section 208 of these rules.(3-25-22)
04.Identification of Parties. The names and addresses of debtors and secured parties are transferred from UCC documents to the UCC information management system using one (1) or more data entry or transmittal techniques.(3-25-22)
05.Status of Financing Statement. In the information management system, each financing statement has a status of active or inactive.(3-25-22)
06.Lapse Indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse. The lapse date is determined as provided in Section 404.(3-25-22)
IDAPA 34.05.06.302 Names of Debtors Who Are Individuals
The definition of “individual” is found in Subsection 101.08. This rule applies to the name on a UCC document of a debt or or a secured party who is an individual.(3-25-22)
01.Individual Name Fields. The names of individuals are stored in the same files as the names of organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals, and an indicator is marked with “I” to distinguish the name as that of an individual. The filing officer assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer's designations.(3-25-22)
02.Titles and Prefixes Before Names. Titles and prefixes, such as “Doctor,” “Reverend,” “Mr.,” and “Ms.,” should not be entered in the UCC information management system. However, as provided in Section 407, when a UCC document is submitted with designated name fields, the data will be entered in the UCC information management system exactly as it appears.(3-25-22)
03.Titles and Suffixes After Names. Titles or indications of status such as “M.D.” and “esquire” shall not be entered in the UCC information management system. Suffixes, such as “Sr.,” “Jr.,” “I,” “II,” and “III,” and “Est” (estate) are entered in a field designated for name suffixes.(3-25-22)
04.Truncation -- Individual Names. Personal name fields in the UCC database are fixed in length.
Although filers should continue to provide full names on their UCC documents, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The length of data entry name fields are as follows.(3-25-22)
a.First name: Fifty (50) characters.(3-25-22)
b.Middle name: Fifty (50) characters.(3-25-22)
c.Last name: Two hundred fifty-five (255) characters.(3-25-22)
d.Suffix: Ten (10) characters.(3-25-22)
05.No Assumed Business Names. An assumed business name, whether or not on file under Chapter 5, Title 53, Idaho Code, is not the legal name of the individual using the assumed business name.(3-25-22)
IDAPA 34.05.06.303 Names of Debtors That Are Organizations
This rule applies to the names of organizations which are debtors or secured parties on a UCC document. (3-25-22)
01.Single Field. The names of organizations are stored in the same files as the names of individuals.
The name of an organization is stored in the last-name field only, and an indicator is marked with “O” to distinguish the name as that of an organization. The filing officer assumes no responsibility for the accurate designation of an organizational name but will accurately enter the data in accordance with the filer's designations.(3-25-22)
02.Truncation-Organization Names. The organization name field in the UCC database is fixed in length. The maximum length is two hundred fifty-five (255) characters. Although filers should continue to provide full names on their UCC documents, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field.(3-25-22)
03.No Assumed Business Names. An assumed business name, whether or not on file under Chapter 5, Title 53, Idaho Code, is not the legal name of the organization using the assumed business name.(3-25-22)
IDAPA 34.05.06.304 Estates
Although they are not human beings, estates are trea ted as if the decedent were the debtor under Section 302. “Est” should be entered in the suffix field.(3-25-22)
IDAPA 34.05.06.305 Trusts
If the trust is named in its organic document(s), its full legal n ame, as set forth in such document(s), is used. Such trusts are treated as organizations. If the trust is not so named, the name of the settlor is used. If a settlor is indicated to be an organization, the name is treated as an organization name. If the settlor is an individual, the name is treated as an individual name. A UCC document that uses a settlor's name should include other information provided by the filer to distinguish the debtor trust from other trusts having the same settlor and all financing statements filed against trusts or trustees acting with respect to property held in trust should indicate the nature of the debtor. If this is done in, or as part of, the name of the debtor, it will be entered as if it were a part of the name under Sections 407 and 408.
IDAPA 34.05.06.306 Initial Financing Statement
Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follo ws:(3-25-22)
01.Status of Secured Party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC document names an assignee, the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.(3-25-22)
02.Status of Debtor. The status of a debtor named on the document shall be active and shall continue as active until one (1) year after the financing statement lapses.(3-25-22)
03.Status of Financing Statement. The status of the financing statement shall be active. A lapse date shall be calculated, five (5) years from the file date, unless the initial financing statement indicates that it is filed with respect to a public-financing transaction or a manufactured-home transaction, in which case the lapse date shall be thirty (30) years from the file date; or, if the initial financing statement indicates that it is filed against a transmitting utility, in which case there shall be no lapse date. A financing statement remains active until one (1) year after it lapses, or if it is indicated to be filed against a transmitting utility, until one (1) year after it is terminated with respect to all secured parties of record.(3-25-22)
IDAPA 34.05.06.307 Amendment
Upon the filing of an amendment the status of the parties and the status of the financing statement shall be as follows:
01.Status of Secured Party and Debtor. An amendment shall affect the status of its debtor(s) and secured party(ies) as follows:(3-25-22)
a.Collateral Amendment or Address Change. An amendment that amends only the collateral description or one (1) or more addresses has no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the secured parties (or, in the case of an amendment that adds collateral, less than all of the debtors), the statement affects only the interests of each authorizing secured party (or debtor).
b.Debtor Name Change. An amendment that changes a debtor's name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all UCC documents that include an identification of such initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name will reveal such initial financing statement and such related UCC documents. Such a statement of amendment affects only the rights of its authorizing secured party(ies).(3-25-22)
c.Secured Party Name Change. An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the index as if it were a new secured party of record.(3-25-22)
d.Addition of a Debtor. An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party(ies) authorizing the statement of amendment.
e.Addition of a Secured Party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.(3-25-22)
f.Deletion of a Debtor. An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.(3-25-22)
g.Deletion of a Secured Party. An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.(3-25-22)
02.Status of Financing Statement. An amendment shall have no effect upon the status of the financing statement, except that a continuation may extend the period of effectiveness of a financing statement.
IDAPA 34.05.06.308 Assignment of Powers of Secured Party of Record
01.Status of the Parties.
An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.
02.Status of Financing Statement. An assignment shall have no effect upon the status of the
IDAPA 34.05.06.309 Continuation
01.Continuation of Lapse Date.
Upon the timely filing of one (1) or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five (5) years. (3-25-22)
02.Status of Parties. The filing of a continuation shall have no effect upon the status of any party to the financing statement.(3-25-22)
03.Status of Financing Statement. Upon the filing of a continuation statement, the status of the financing statement remains active.(3-25-22)
IDAPA 34.05.06.310 Termination
01.Status of Parties.
The filing of a termination shall have no effect upon the status of any party to the
02.Status of Financing Statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the information management system until one (1) year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement will become inactive one (1) year after it is terminated with respect to all secured parties of record.(3-25-22)
IDAPA 34.05.06.311 Correction Statement
01.Status of Parties.
The filing of a correction statement shall have no effect upon the status of any party to the financing statement.(3-25-22)
02.Status of Financing Statement. A correction statement shall have no effect upon the status of the
IDAPA 34.05.06.312 Procedure Upon Lapse
If there is no timely filing of a continuation with respect to a financing s tatement, the financing statement lapses on its lapse date but no action is then taken by the filing office. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive and the financing statement will no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.(3-25-22)
IDAPA 34.05.06.313 (Reserved)
SUBCHAPTER 4 – FILING AND DATA ENTRY PROCEDURES
IDAPA 34.05.06.400 Policy Statement
This section contains rules describing the filing procedures of the filing officer upon and after receipt of a UCC document. It is the policy of the filing officer to file promptly a document that conforms to these rules. Except as provided in these rules, data is transferred from a UCC document to the information management system exactly as the data is set forth in the document. Personnel who create reports in response to search requests type search criteria exactly as set forth on the search request. No effort is made to detect or correct errors of any kind.(3-25-22)
IDAPA 34.05.06.401 Document Indexing and Other Procedures Before Archiving
01.Cash Management.
Transactions necessary to payment of the filing fee are performed. (3-25-22)
02.Document Review. The filing office determines whether a ground exists to refuse the document under Section 202.(3-25-22)
a.File Stamp. If there is no ground for refusal of the document, the document is stamped or deemed filed and a unique identification number and the filing date is stamped on the document or permanently associated with the record of the document maintained in the UCC information management system. The sequence of the identification number is not an indication of the order in which the document was received.(3-25-22)
b.Correspondence. If there is a ground for refusal of the document, notification of refusal to accept the document is prepared as provided in Section 205. If there is no ground for refusal of the document, an acknowledgment of filing is prepared as provided in Section 206. Acknowledgment of filing or notice of refusal of a UCC document is sent to the secured party (or the first secured party if there are more than one (1)) named on the UCC document or to the remitter if the remitter so requests by regular mail or by overnight courier if the remitter provides a prepaid waybill or access to the remitter's account with the courier.(3-25-22)
IDAPA 34.05.06.402 Filing Date
The filing date of a UCC document is the date the UCC document is rece ived with the proper filing fee if the filing office is open to the public on that date; or, if the filing office is not so open to the public on that date, the filing date is the next date the filing office is so open, except that, in each case, UCC documents received after 5 p.m. shall be deemed received on the following day. The filing officer may perform any duty relating to the document on the filing date or on a date after the filing date.(3-25-22)
IDAPA 34.05.06.403 Filing Time
The filing time of a UCC document is determined as provided in Section 106.(3-25-22)
IDAPA 34.05.06.404 Lapse Date and Time
A lapse date is calculated for each initial financing statement (unles s the debtor is indicated to be a transmitting utility). The lapse date is the same date of the same month as the filing date in the fifth year after the filing date or relevant subsequent fifth anniversary thereof if a timely continuation statement is filed, but if the initial financing statement indicates that it is filed with respect to a public-finance transaction or a manufactured-home transaction, the lapse date is the same date of the same month as the filing date in the thirtieth year after the filing date. The lapse takes effect at midnight at the end of the lapse date. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth year following the year of the filing date.(3-25-22)
IDAPA 34.05.06.405 Errors of the Filing Officer
The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction is made after the filing officer has issued a certification date that includes the filing date of a corrected document, the filing officer shall file a filing officer statement in the UCC information management system identifying the record to which it relates, the date of the correction and explaining the nature of the corrective action taken. The notation shall be preserved as long as the record is preserved in the UCC information management system.
IDAPA 34.05.06.406 Errors Other Than Filing Office Errors
An error by a filer is the responsibility of such filer. It can be corrected by filing an amen dment or it can be disclosed by a correction statement.(3-25-22)
IDAPA 34.05.06.407 Data Entry of Names – Designated Fields
A filing should designate whether a name is a name of an indi vidual or an organization and, if an individual, also designate the first, middle and last names and any suffix. When this is done, Subsections 407.01 the through 407.03 shall apply:(3-25-22)
01.Organization Names. Organization names are entered into the UCC information management system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.
02.Individual Names. On a form that designates separate fields for first, middle, and last names and any suffix, the filing officer enters the names into the first, middle, and last name and suffix fields in the UCC information management system exactly as set forth on the form.(3-25-22)
03.Designated Fields Encouraged. The filing office encourages the use of forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Filers should be aware that the inclusion of a name in an incorrect field or the failure to transmit a name accurately to the filing office may cause a filing to be ineffective.(3-25-22)
IDAPA 34.05.06.408 Data Entry of Names -- No Designated Fields
A UCC document that is an initial financing state ment or an amendment that adds a debtor to a financing statement and that fails to specify whether the debtor is an individual or an organization shall be refused by the filing office. If it is accepted for filing in error, the following rules in Subsections 408.01 through 408.04 shall apply:(3-25-22)
01.Identification of Organizations. A name is treated as an organization name if it contains words or abbreviations that indicate status such as the following and similar words or abbreviations in foreign languages: association, church, college, company, co., corp., corporation, inc., limited, ltd., club, foundation, fund, L.L.C., limited liability company, institute, society, union, syndicate, GmBH, S.A. de C.V., limited partnership, L.P., limited liability partnership, L.L.P., trust, business trust, co-op, cooperative and other designations established by statutes to indicate a statutory organization. In cases where organization or individual status is not designated by the filer and is not clear, the filing officer will use his own judgment.(3-25-22)
02.Identification of Individuals. A name is entered as the name of an individual and not the name of an organization when the name is followed by a title substantially similar to one (1) of the following titles, or the equivalent of one (1) of the following titles in a foreign language: proprietor, sole proprietor, proprietorship, sole proprietorship, partner, general partner, president, vice president, secretary, treasurer, M.D., O.D., D.D.S., attorney at law, Esq., accountant, CPA. In such cases, the title is not entered.(3-25-22)
03.Individual and Organization Names on a Single Line. Where it is apparent that the name of an individual and the name of an entity are stated on a single line and not in a designated individual name field, the name of the individual and the name of the entity shall be entered as two (2) separate debtors, one (1) as an individual and one (1) as an entity. Additional filing fees for the amendment to add additional debtor name(s) may be required.
04.Individual Names. The failure to designate the last name of an individual debtor in an initial financing statement or an amendment adding such debtor to a financing statement should cause a filing to be refused.
If the filing is accepted in error, or if only the last name is designated, the following data entry rules apply: (3-25-22)
a.Freestanding Initials. An initial in the first position of the name is treated as a first name. An initial in the second position of the name is treated as a middle name.(3-25-22)
b.Combined Initials and Names. An initial and a name to which the initial apparently corresponds is entered into one (1) name field only [e.g. “D. (David)” in the name “John D. (David) Rockefeller” is entered as “John” (first name); “D. (David)” (middle name); “Rockefeller” (last name)].(3-25-22)
c.Multiple Individual Names on a Single Line. Two (2) individual names contained in a single line are entered as two different debtors [e.g. the debtor name “John and Mary Smith” is entered as two (2) debtors: “John Smith” and “Mary Smith”].(3-25-22)
d.One Word Names. A one (1) word name is entered as a last name [e.g. “Charro” is treated as a last name].(3-25-22)
e.Nicknames. A nickname is entered in the name field together with the name preceding the nickname, or if none, then as the first name (e.g., “William (Bill) Jones”).(3-25-22)
IDAPA 34.05.06.409 Verification of Data Entry
The filing officer uses double key entry to verify the accuracy of data entry tasks.(3-25-22)
IDAPA 34.05.06.410 Initial Financing Statement
01.New Record Bears the Unique UCC File Number.
A new record is opened in the UCC information management system for each initial financing statement. The new record bears the unique file number of the financing statement and the date and time of filing.(3-25-22)
02.Name and Address of Each Debtor. The name and address of each debtor that are legibly set forth in the financing statement are entered into the record of the financing statement. Each such debtor name is included in the searchable index and is not removed until one (1) year after the financing statement lapses.(3-25-22)
03.Name and Address of Each Secured Party. The name and address of each secured party that are legibly set forth in the financing statement are entered into the record of the financing statement.(3-25-22)
04.Record Is Indexed According to the Name of the Debtor. The record is indexed according to the name of the debtor(s) and is maintained for public inspection.(3-25-22)
05.Lapse Date. A lapse date is established for the financing statement, and the lapse date is maintained as part of the record. No lapse date is established for a financing statement which indicates it is filed against a transmitting utility.(3-25-22)
IDAPA 34.05.06.411 Amendment
01.Date and Time of Filing Amendment.
A record is created for the amendment that bears the file number for the amendment and the date and time of filing.(3-25-22)
02.Amendment Initial Financing Statement. The record of the amendment is associated with the record of the related initial financing statement in a manner that causes the amendment to be retrievable each time a record of the financing statement is retrieved.(3-25-22)
03.Amendment Financing Statement Lapses. The name and address of each additional debtor and secured parties are entered into the UCC information management system in the record of the financing statement.
Each such additional debtor name is added to the searchable index and is not removed until one (1) year after the financing statement lapses.(3-25-22)
04.New Lapse Date Is Established. If the amendment is a continuation, a new lapse date is established for the financing statement and maintained as part of its record.(3-25-22)
IDAPA 34.05.06.412 Correction Statement
A record is created for the correction statement that bears the file number for the correction statement and the date and time of filing. The record of the correction statement is associated with the record of the related initial financing statement in a manner that causes the correction statement to be retrievable each time a record of the financing statement is retrieved.(3-25-22)
IDAPA 34.05.06.413 Global Filings
01.Filing a Single UCC Document.The filing officer may accept for filing a single UCC document for the purpose of amending more than one (1) financing statement, for one (1) or both of the following purposes:
a.Amendment to change secured party name; or(3-25-22)
b.Amendment to change secured party address.(3-25-22)
02.Global Filing. A global filing shall consist of a written document describing the requested amendment on a form approved by the filing office. Acceptance of a global filing is conditioned upon the determination of the filing officer and is within the filing officer's sole discretion.(3-25-22)
IDAPA 34.05.06.414 Notice of Bankruptcy
The filing officer shall take no ac tion upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.(3-25-22)
IDAPA 34.05.06.415 (Reserved)
SUBCHAPTER 5 – SEARCH REQUESTS AND REPORTS
IDAPA 34.05.06.500 General Requirements
The filing officer maintains for public inspection a searchable index for all records of UCC documents that provides for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement to which the record relates and which associates each initial financing statement and each filed UCC document relating to the initial financing statement.(3-25-22)
IDAPA 34.05.06.501 Search Requests
Search requests shall contain the following information:(3-25-22)
01.Name Searched. A search request should set forth the full correct name of a debtor or the name variant desired to be searched and must specify whether the debtor is an individual or an organization. The full name of an individual should consist, whenever possible, of a first, middle, and last name, followed by any suffix that may apply to the name. The full name of an organization shall consist of the name of the organization as stated on the articles of incorporation or other organic documents in the state or country of organization or the name variant desired to be searched. A search request will be processed using the name in the exact form it is submitted.(3-25-22)
02.Requesting Party. The name and address of the person to whom the search report is to be sent.
03.Fee. The appropriate fee shall be enclosed, payable by a method described in Section 113.
IDAPA 34.05.06.502 Optional Information
A UCC search request may contain any of the fo llowing information:(3-25-22)
01.Copies of Documents. A request that copies of documents referred to in the report be included with the report. The request may limit the copies requested by limiting them by reference to the city of the debtor, the date of filing, or a range of filing dates on the financing statements located by the related search. The request may ask for copies of UCC documents identified on the primary search response.(3-25-22)
02.Debtor Name. A request that the search of a debtor name be limited to debtors in a particular city.
A report created by the filing officer in response to such a request shall contain the following statement: “A search limited to a particular city, the date of filing, or a range of filing dates may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such a search.”(3-25-22)
03.Mode of Delivery. Instructions on the mode of delivery requested, if other than by ordinary mail, will be honored if the requested mode is at the time available to the filing office.(3-25-22)
IDAPA 34.05.06.503 Rules Applied to Search Requests
Search results are created by applying s tandardized search logic to the name presented to the filing officer by the person requesting the search. Human judgment does not play a role in determining the results of the search, except with respect to supplemental responses regarding individual debtor names that are not automated. The following, and only the following, rules are applied to conduct searches:(3-25-22)
01.No Limit on Number of Search Matches. There is no limit to the number of matches that may be returned in response to the search criteria.(3-25-22)
02.Not Case Sensitive. No distinction is made between upper and lower case letters.(3-25-22)
03.Punctuation. Punctuation marks and accents are disregarded.(3-25-22)
04.Words and Abbreviations at the End of a Name. Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the “Ending Noise Words” list as promulgated and adopted by the International Association of Corporation Administrators, as amended from time to time, are disregarded (e.g., company, limited, incorporated, corporation, limited partnership, limited liability company or abbreviations of the foregoing).(3-25-22) 05.“The” Disregarded. The word “the” at the beginning of the search criteria is disregarded.
06.Spaces. All spaces are disregarded.(3-25-22)
07.Initials. For first and middle names of individuals, initials are equated with all names that begin with such initials, and no middle name or initial is equated with all middle names and initials.(3-25-22)
08.Names Searched On. After taking the preceding rules into account to modify the name of the debtor requested to be searched and to modify the names of debtors contained in active financing statements in the UCC information management system, the search will reveal only names of debtors that are contained in active financing statements and, as modified, exactly match the name requested, as modified.(3-25-22)
IDAPA 34.05.06.504 Search Responses
Reports created in response to a search request shall include the following:(3-25-22)
01.Filing Officer. Identification of the filing officer and the certification of the filing officer required by the UCC.(3-25-22)
02.Report Date. The date the report was generated.(3-25-22)
03.Name Searched. Identification of the name searched.(3-25-22)
04.Certification Date. The certification date applicable to the report; i.e., the date and time through which the search is effective to reveal all relevant UCC documents filed on or prior to that date.(3-25-22)
05.Identification of Initial Financing Statements. Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time. (Lapsed financing statements remain active for one (1) year after the lapse date and may be requested on the search form.)(3-25-22)
06.History of Financing Statement. For each initial financing statement on the report, a listing of all related UCC documents filed by the filing officer on or prior to the certification date.(3-25-22)
07.Copies. Copies of all UCC documents revealed by the search and requested by the searcher.
IDAPA 34.05.06.505 (Reserved)
SUBCHAPTER 6 – OTHER NOTICES OF LIENS
IDAPA 34.05.06.600 Policy Statement
The purpose of the rules in this section is to describe non-UCC li ens maintained by the filing office. These liens are treated by the filing officer in a manner similar to UCC documents and are included, on request, with the reports described in Section 504.(3-25-22)
IDAPA 34.05.06.601 Notice of Federal Tax Lien
01.Filing. Pu rsuant to Section 45-202, Idaho Code, federal tax liens on business entities, estates, and trusts are filed at the Secretary of State’s Office.(3-25-22)
a.Fee.(3-25-22)
i.The fee for filing is six dollars ($6);(3-25-22)
ii.If there is an attachment there is an additional fee of one dollar ($1) per page.(3-25-22)
b.Duration. Pursuant to the Internal Revenue Code, federal tax liens have a duration of ten (10) years.
a.Fee for Search: Six dollars ($6) for information only;(3-25-22)
IDAPA 34.05.06.602 Notice of State Tax Lien
01.Filing.(3 -25-22)
a.Where to File. The Secretary of State accepts electronic filings from the Idaho Tax Commission pursuant to Chapter 19, Title 45, Idaho Code, and Title 63, Idaho Code.(3-25-22)
b.Fee. None.(3-25-22)
c.Duration. Five (5) years.(3-25-22)
IDAPA 34.05.06.603 Notice of Other Lien in Favor of a Governmental Body (nature and
DUR ATION).
01.State Agencies. Generally un der Chapter 19, Title 45, Idaho Code.(3-25-22)
a.Department of Commerce and Labor, Chapter 13, Title 72, Idaho Code (unemployment insurancefive year duration).(3-25-22)
b.Department of Commerce and Labor, Chapter 6, Title 45, Idaho Code (wage claims-five (5) year duration).(3-25-22)
c.Department of Health and Welfare, Chapter 12, Title 7, Idaho Code (child support-indefinite duration).(3-25-22)
d.Department of Health and Welfare, Chapter 2, Title 56, Idaho Code (medical assistance-five (5) year duration).(3-25-22)
02.Counties. Chapter 35, Title 31, Idaho Code (indigent medical-indefinite duration).(3-25-22)
03.Mechanics of Search.(3-25-22)
IDAPA 34.05.06.604 Seed and Farm Labor Liens
Seed and farm labor liens pursuant to Chapter 3, Title 45, Idaho Code are filed in the same manner as initial financing statements and may use only forms prescribed by the Secretary of State’s Office. They are indexed by debtor name and will be revealed, on request, by searches under Sections 504 and 505.
a.Where to File. Seed and farm labor liens are filed with the filing office.(3-25-22)
b.Fee.(3-25-22)
i.Four dollars ($4), if filed online;(3-25-22)
ii.Liens not filed online may be subject to a manual entry surcharge.(3-25-22)
c.Duration.(3-25-22)
i.Farm labor liens remain in effect for twelve (12) months after filing and may be extended for six (6) months.(3-25-22)
ii.Seed liens remain in effect for sixteen (16) months and may be extended for six (6) months.
IDAPA 34.05.06.605 Agriculture Commodity Liens
Agricultural commodity liens pursuant to Chapter 18, Title 45, Idaho Code are filed in the same manner as initial financing statements and may use only forms prescribed by the Secretary of State’s Office. These types of liens are indexed by debtor name and will be revealed, on request, by searches under Sections 504 and 505.(3-25-22)
a.Fee. Five dollars ($5).(3-25-22)
b.Duration. Ninety (90) days.(3-25-22)
a.Fee for search: Six dollars ($6) for information only;(3-25-22)
b.Combination search available with UCC search;(3-25-22)
IDAPA 34.05.06.606 Farm Product Liens
a.Pursuant to Section 28-9-526, Idaho Code, farm product liens are filed in the same manner as initial financial statements and may use only forms prescribed by the Secretary of State’s Office. They are indexed by debtor name and will be revealed, on request, by searches under Sections 504 and 505.(3-25-22)
b.Where to File. Farm product liens are filed with the filing office.(3-25-22)
c.Fee: Ten dollars ($10), if filed online;(3-25-22)
d.Duration. Farm product liens remain in effect for five (5) years and may be extended to five (5) years if continuation is received six (6) months prior to lapse.(3-25-22)
a.Fee for Search: Six dollars ($6) for information only;(3-25-22)
IDAPA 34.05.06.607 (Reserved)
34.08.01 Rules Governing Paid Signature Gatherers
IDAPA 34.08.01.000 Legal Authority
Section 34-1807, Idaho Code.(7-1-25)
IDAPA 34.08.01.001 Scope
These rules outline specifications for badg e requirements worn by paid signature gatherers who circulate any petition for an initiative or referendum.(7-1-25)
IDAPA 34.08.01.002 Badge Requirements
All badges worn by paid signature gatherers as required b y Section 34-1807, Idaho Code, must meet the following minimum requirements:(7-1-25)
01.Badge Size. One (1) inch high by three (3) inches wide or larger;(7-1-25)
02.Font Family. ‘Arial’ font (or similar sans-serif equivalent). No italic or script fonts.(7-1-25)
03.Content and Restrictions. Required text must say ‘PAID PETITION CIRCULATOR’ in all capital letters with no other text or logos included.(7-1-25)
04.Font Size. Minimum font size of twenty-four (24) point. Text should take up as much space on the badge as possible while still being legible.(7-1-25)
05.Font and Background Colors. Black text on white background with no other images or colors.
(7-1-25)
IDAPA 34.08.01.003 Badge Template
The following is a template for use in accordance with Section 002 of these rules:
(7-1-25)
IDAPA 34.08.01.004 (Reserved)
PAID PETITION
CIRCULATOR
34.06.01 Rules Governing the Electronic Recording of Real Property
IDAPA 34.06.01.000 Legal Authority
In accordance with Section 67-903(9), Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the Uniform Real Property Electronic Recording Act enacted as Title 31, Chapter 29, Idaho Code.(3-31-22)
IDAPA 34.06.01.001 Scope
These rules govern the filing, acceptance, indexing and searching of real property records in the county recording offices under Title 31, Chapter 29, Idaho Code.(3-31-22)
IDAPA 34.06.01.002 Incorporation by Reference
Data and document formats necessary for electronic recording are incorporated by reference.(3-31-22)
01.PRIA Standards. Electronic recording of real property documents shall meet technical standards for document formatting and document data fields and follow implementation guidelines as prescribed by the Property Records Industry Association (PRIA) which are hereby incorporated by reference, made a part of this rule, and listed below:(3-31-22)
a.PRIA Request Version 2.4.2, August 2007;(3-31-22)
b.PRIA Response Version 2.4.2, August 2007;(3-31-22)
c.Document Version 2.4.1, October 2007;(3-31-22)
d.Notary Version 2.4.1, October 2007;(3-31-22) e.eRecording XML Implementation Guide for Version 2.4.1, Revision 2, March 2007;(3-31-22)
f.URPERA Enactment and eRecording Standards Implementation Guide, December 2005. (3-31-22)
02.Standards Availability. These standards are available from the Property Records Industry Association, 2501 Aerial Center Parkway, Ste. 103, Morrisville, NC 27560, and at http://www.pria.us/.(3-31-22)
IDAPA 34.06.01.003 (Reserved)
IDAPA 34.06.01.010 Definitions
01.Delivery Agent.
A party who has entered into an agreement with a Participating Recorder to deliver an Electronic Document from a Submitter to a Participating Recorder and to return the recorded Electronic Document to the Submitter.(3-31-22)
02.Document. The meaning shall be the same as provided in Section 31-2902, Idaho Code. (3-31-22)
03.Electronic Document. The meaning shall be the same as provided in Section 31-2902, Idaho Code.(3-31-22)
04.Electronic Document Delivery System. An automated system for the secure transmission of an Electronic Document between a Submitter and a Participating Recorder through the use of a Delivery Agent.
05.Electronic Recording. The delivery and return of an Electronic Document, using an Electronic Document Delivery System, for the purpose of recording that document with the county records.(3-31-22)
06.Electronic Signature. The meaning shall be the same as provided in Section 31-2902, Idaho Code.
07.Participating Recorder. A county recorder who has elected to accept Electronic Documents for recording.(3-31-22)
08.PDF (Portable Document Format). The file format originally created by Adobe Systems for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or World Wide Web presentation.(3-31-22)
09.Submitter. A party who requests that an Electronic Document be recorded.(3-31-22)
10.TIFF (Tagged Image File Format). The variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of Adobe Systems) and published as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image file format for image technology (TIFF/IT). TIFF is a common format for high-quality black and white, gray-scaled, or color graphics of any resolution and is made up of individual dots or pixels.(3-31-22)
11.XML (Extensible Markup Language). An extensible document language for specifying document content. XML is not a predefined markup language but a metalanguage (a language for describing other languages) allowing the user to specify a document type definition (DTD) and design customized markup languages for different classes of documents.(3-31-22)
IDAPA 34.06.01.011 (Reserved)
IDAPA 34.06.01.101 Electronic Recording Models
Electronic Documents shall conform to one of the following models:(3-31-22) 01.
Model 1. Model 1, which utilizes scanned ink-signed Documents, transmitted without XML indexing data;(3-31-22)
02.Model 2. Model 2, which utilizes scanned ink-signed Documents or Documents that have been created and signed electronically, transmitted with XML indexing data; or(3-31-22)
03.Model 3. Model 3, which utilizes Documents that have been created and signed electronically, transmitted with embedded XML indexing data.(3-31-22)
IDAPA 34.06.01.102 Transmitted Files
01.Technical Standards fo r Transmitted Files. The technical standards for document formatting and data fields for Electronic Recording are those in effect at the time of the Electronic Recording as prescribed by the Property Records Industry Association (PRIA) in the PRIA eRecording XML Standard Version 2.4, which includes PRIA Request Version 2.4.2 (August 2007); PRIA Response Version 2.4.2 (August 2007); Document Version 2.4.1 (October 2007); and Notary Version 2.4.1 (October 2007).(3-31-22)
02.Guide to Be Consulted for Reference. The PRIA eRecording XML Implementation Guide for Version 2.4.1, Revision 2 (March 2007) should be consulted for reference.(3-31-22)
03.Storage Formats. Electronic Documents shall be transmitted and stored as either TIFF or PDF files, in accordance with the TIFF 6.0 specification, published by the International Organization for Standardization as ISO 12639:2004, Graphic technology - Prepress digital data exchange - Tag image file format for image technology (TIFF/IT), or the PDF 1.7 specification, published by the International Organization for Standardization as ISO 32000-1:2008, Document management - Portable document format - Part 1: PDF 1.7.(3-31-22)
103 .DATA FO RMAT S.
The data format for Electronic Recordings shall meet technical standards and data fields set forth by the Property Records Industry Association (PRIA) in the PRIA eRecording XML Standard Version 2.4, which includes PRIA Request Version 2.4.2 (August 2007); PRIA Response Version 2.4.2 (August 2007); Document Version 2.4.1 (October 2007),; and Notary Version 2.4.1 (October 2007). The PRIA eRecording XML Implementation Guide for Version 2.4.1, Revision 2 (March 2007) should be consulted for reference.(3-31-22)
IDAPA 34.06.01.104 Participating Recorder
01.Documents Accepted.
A Participating Recorder is only required to accept Electronic Documents containing Electronic Signatures or notarizations that the Participating Recorder has the technology to support.
02.Authentication. A Participating Recorder has no responsibility to authenticate Electronic Signatures or notarizations.(3-31-22)
IDAPA 34.06.01.105 Electronic Recording Processing Requirements
01.Notice Requirements.
A Participating Recorder shall provide appropriate notification to the Delivery Agent of the confirmation or rejection of an Electronic Recording through the Electronic Document Delivery System.(3-31-22)
a.A notice of confirmation shall identify and include recording information for the recorded Electronic Document.(3-31-22)
b.A notice of rejection shall identify the rejected Electronic Document and include a brief explanation of the reason for rejection.(3-31-22)
c.The Delivery Agent shall notify the Submitter of the confirmation or rejection of the Electronic Document.(3-31-22)
d.The failure of a Submitter to receive actual notice of confirmation or rejection of a recording shall not affect the validity of the confirmation or rejection.(3-31-22)
02.Contact Information. A Participating Recorder may contact a Submitter regarding an Electronic Document submitted for recording prior to sending a notice of confirmation or rejection. The Delivery Agent shall ensure that the Submitter includes telephone or email contact information with each Electronic Document submission.(3-31-22)
03.Time of Receipt. A Participating Recorder shall enter the time of receipt of Electronic Documents in accordance with Section 31-2410, Idaho Code.(3-31-22)
IDAPA 34.06.01.106 Security Requirements
Procedures shall be implemented and maintained to ensure the security of the Electronic Document Delivery System, including the authenticity and integrity of the Electronic Documents maintained by the Participating Recorder.
01.Secure Method. A Participating Recorder shall provide a secure method for accepting Documents through the Electronic Document Delivery System and for recording and maintaining Electronic Documents within the Participating Recorder’s records.(3-31-22)
02.Security Procedures. A Delivery Agent shall implement and maintain security procedures for all electronic transmissions and shall be responsible for maintaining the security of the systems within their offices.
03.System and Security Failures. Electronic Document Delivery Systems shall protect against system and security failures and, in addition, shall provide backup, disaster recovery and audit trail mechanisms.
Delivery Agents shall provide audit trail information to Participating Recorders on request.(3-31-22)
04.Unauthorized Party. Electronic Document Delivery Systems shall not permit any unauthorized party to modify, manipulate, insert or delete information, without detection, in Electronic Documents or in the public record maintained by the Participating Recorder.(3-31-22)
05.Notification of Breach. If a breach in security is detected by the Participating Recorder, Delivery Agent or Submitter, the party discovering the breach shall notify the other parties immediately. All parties shall work cooperatively to take remedial action and to resolve any issues related to a breach.(3-31-22)
IDAPA 34.06.01.107 Agreement and Procedures
01.Participation Agreement.
The Delivery Agent and the Participating Recorder shall enter into an agreement specifying the requirements for Electronic Document recording with the county. At a minimum, the agreement shall address the following items:(3-31-22)
a.Accepted Electronic Recording models;(3-31-22)
b.Accepted Electronic Document types;(3-31-22)
c.Defined technical specifications for data formats, document formats, electronic transmissions and security;(3-31-22)
d.If used by the Participating Recorder, indexing fields required for each Electronic Document;
e.Electronic Signature and notarization requirements;(3-31-22)
f.Payment options for recording fees and applicable taxes;(3-31-22)
g.Hours during which Electronic Documents will be accepted and processing schedules that affect order of acceptance;(3-31-22)
h.Electronic Document acceptance and rejection requirements and procedures;(3-31-22)
i.Responsibility of the Delivery Agent to review the qualifications of each potential Submitter and to approve the potential Submitter prior to granting access to the Electronic Document Delivery System; and (3-31-22)
j.Responsibility of the Delivery Agent to enter into an agreement with each approved Submitter, in which the Submitter agrees to submit Electronic Documents for recording in accordance with all applicable state statutes and rules and to maintain the security of the systems within the Submitter’s offices.(3-31-22)
02.Other Procedures and Requirements. A Participating Recorder may include in the agreement other procedures and requirements needed in order to implement fully an Electronic Recording program.(3-31-22)
03.Establishment and Posting of Procedures. A Participating Recorder shall establish procedures for Electronic Recording in the municipality and shall post the procedures in the recorder’s office, on the municipality’s Internet website, if available, and through the Electronic Document Delivery System, and shall make a copy of the procedures available on request. The procedures shall cover, at a minimum, the items listed above in this subsection.(3-31-22)
IDAPA 34.06.01.108 (Reserved)
34.04.02 Rules Governing Business Entity Names
IDAPA 34.04.02.000 Legal Authority
In accordance with Section 67-903(9), Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the office.(3-31-22)
IDAPA 34.04.02.001 Scope
These rules apply to business entity name registration and busi ness entity name reservation as provided for in Title 30, Chapters 21, 22, 23, 24, 25, 27, 29, and 30, Idaho Code.(3-31-22)
IDAPA 34.04.02.002 (Reserved)
IDAPA 34.04.02.010 Definitions
01.Arabic Numerals. 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9.(3-31-22)
02.Business Entity. A formally organized or registered entity created pursuant to state or federal law and usually designated through the use of a business entity identifier.(3-31-22)
03.Business Entity Identifiers. Company, Corporation, Incorporated, Limited, Chartered, Professional Association, Professional Company, Limited Liability Company, Limited Liability Partnership, Professional Limited Liability Company, Limited Partnership, Limited Liability Limited Partnership, Registered Limited Liability Partnership, and the abbreviations, Co., Corp., Inc., Ltd., P.A., P.C., Chtd., L.L.C., L.L.P., P.L.L.C., L.P., R.L.L.P., and L.L.L.P.(3-31-22)
04.English Alphabet. Letters A through Z.(3-31-22)
05.Internet Prefix. Internet prefixes include “www” and any other Internet prefix used to identify a website.(3-31-22)
06.Internet Suffix. Internet suffixes include .com, .org, .net, .gov, .edu, .coop, and any other Internet suffixes approved by the Internet Corporation for Assigned Names and Numbers (ICANN).(3-31-22)
07.Key Word. Any word that is not an article, preposition, conjunction, or Business Entity Identifier.
08.Special Characters. Any special characters, such as ! “ $ % ( ) * @ ? +, and -, that are readily available on a standard English language keyboard.(3-31-22)
IDAPA 34.04.02.011 (Reserved)
IDAPA 34.04.02.100 General Information
01.Determination by Secretary of State.
The Secretary of State shall determine whether a proposed business entity name is distinguishable on the records of the Secretary of State from the names of existing business entities by comparing the proposed business entity name to the names of existing business entity names.(3-31-22)
02.Existing Business Entity Names Considered. The names of business entities in good standing or business entities which have been administratively dissolved for less than six (6) months will be considered in determining whether a proposed business entity name is distinguishable on the records of the Secretary of State from existing business entity names.(3-31-22)
03.Alphabet Names. Where a name or a unit of a name consists of initials only or letters of the alphabet, the combination of initials will be considered as one (1) word for the purpose of determining if the business entity name is distinguishable.
EXAMPLE: The “words” AA – AAA – AAAA – A & B – AAB – AAC are different words and are distinguishable from one another.(3-31-22)
04.Characters in Business Entity Names. Business entity names shall consist of letters of the English Alphabet, Arabic Numerals, or Special Characters.(3-31-22)
05.Foreign Words. Although business entity names may include words in a foreign language, such words will not be translated for the purpose of determining if a business entity name is distinguishable.(3-31-22)
06.Grossly Offensive Name. The business entity name may not be one that is deemed to be grossly offensive.(3-31-22)
07.Internet Prefixes and Suffixes. Internet prefixes and suffixes shall not give any special weight or inference to the business entity name, nor shall they be interpreted for meaning or intent.(3-31-22)
08.False Implication of Government Affiliation. The corporate name may not be one that might falsely imply governmental affiliation.(3-31-22)
IDAPA 34.04.02.101 (Reserved)
IDAPA 34.04.02.200 Not Distinguishable on the Record
The following do not make a name distinguishable on the record:(3-31-22) 01.
Abbreviations. The abbreviation of a word or Special Character is considered the equivalent of the complete word or Special Character.
EXAMPLE: DOE BROTHERS, LLC is not distinguishable from DOE BROS., LLC.(3-31-22)
02.Business Entity Identifiers. The addition, removal, or alteration of Business Entity Identifiers and their applicable abbreviations.
EXAMPLE: DOE BROTHERS CORPORATION is not distinguishable from DOE BROTHERS, INC.
03.Numbers. The use of a word or Roman numeral for a number instead of the Arabic Numeral.
EXAMPLE: FOUR TURTLES, LLC is not distinguishable from 4 TURTLES, LLC, nor is it distinguishable from IV TURTLES, LLC.(3-31-22)
04.Other Words. The presence or absence of an article, preposition, conjunction, or pronoun.
EXAMPLE: THE DOE BROTHERS, LLC is not distinguishable from DOE BROTHERS, LLC. (3-31-22)
05.Punctuation. Differences in punctuation.
EXAMPLE: U.S.A. STEEL, LLC is not distinguishable from USA STEEL, LLC.
EXAMPLE: PROWIDGETS.COM is not distinguishable from PRO.WIDGETS.COM.(3-31-22)
06.Spaces. Spaces, or the absence of spaces.
EXAMPLE: USA STEEL, LLC is not distinguishable from USASTEEL, LLC.(3-31-22)
07.Special Characters. Differences created by use of Special Characters.
EXAMPLE: AMERICAN PISTOLS, LLC is not distinguishable from AMER!CAN P!$TOL$, LLC.
08.The Letter “S”. The addition or removal of the letter “s” to make a word singular, plural, or possessive.
EXAMPLE: GOLDEN APPLE, LLC is not distinguishable from GOLDEN APPLES, LLC.(3-31-22)
09.Typeface, Font, or Case. The use of a different typeface, font, or case.
EXAMPLE: SISTERS’ DINER is not distinguishable from Sisters’ Diner.(3-31-22)
IDAPA 34.04.02.201 (Reserved)
IDAPA 34.04.02.300 Distinguishable on the Record
01.Key Word Difference. If on e (1) of the Key Words is different, the name is distinguishable.
EXAMPLE: WIDGET WONDER, LLC is distinguishable from WIDGET ELITE, LLC.(3-31-22)
02.Key Word Order. If the Key Words are in a different order, the name is distinguishable.
EXAMPLE: WIDGET WONDER, LLC is distinguishable from WONDER WIDGET, LLC.(3-31-22)
03.Key Word Addition or Deletion. The addition or deletion of one (1) or more Key Words shall make a name distinguishable.
EXAMPLE: AMAZING WONDER WIDGET, INC. is distinguishable from WONDER WIDGET, INC.
04.Difference in Meaning. If the Key Words are significantly different in meaning, and the Key Words are not identical, the name may be distinguishable.
EXAMPLE: CAPITAL WIDGET, LLC is distinguishable from CAPITOL WIDGET, LLC.(3-31-22)
05.Internet Prefix and Suffix Addition or Deletion. The addition or deletion of an Internet prefix or suffix shall make a name distinguishable.
EXAMPLE: PRECISE WIDGETS, LLC is distinguishable from PRECISEWIDGETS.COM, LLC which is distinguishable from PRECISEWIDGETS.NET.
EXAMPLE: WWW.PROWIDGETS.COM is distinguishable from PRO.WIDGETS.COM.(3-31-22)
IDAPA 34.04.02.301 (Reserved)
IDAPA 34.04.02.400 Matters Not Considered
When determining whether a business entity name is distinguishable on the records of the Secretary of State from another business entity name, the following are among the matters not considered:(3-31-22)
01.Purpose. Whether the purpose of the proposed business entity is the same as or similar to the purpose of an existing business entity.(3-31-22)
02.Location. Whether the business entities will be carrying out activities in the same or nearby locations.(3-31-22)
03.Prior Actions. Whether an analogous situation has previously been acted on by the Secretary of State.(3-31-22)
04.Activity. Whether an existing business entity is actively engaged in business, or has a telephone listing, or a location of a place of business.(3-31-22)
05.Intent. Whether an existing business entity is about to change its name or be dissolved or merged out of existence.(3-31-22)
06.Reliance. Whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope or belief that the proposed name would be available.
07.Influence. Whether the applicant is more or less important, extensive, widely known, or influential than an existing business entity.(3-31-22)
08.Common Law. Whether infringement or unfair trade practice has occurred or might occur.
IDAPA 34.04.02.401 Corporate Reservation Renewal Terms
A corporate name reservation may be renewed at or after t he expiration of any four (4) month reservation period by filing a new name reservation in writing, along with the required fee; provided that at the end of any such reservation period there is not on file in the office of the Secretary of State a competing name reservation which is to take effect at the expiration of the existing reservation. Competing reservations will have priority in order of receipt. (3-31-22)
IDAPA 34.04.02.402 (Reserved)
34.02.02 Rules Governing Complaint Process Under the Help America Vote Act
IDAPA 34.02.02.000 Legal Authority
This chapter is promulgated pursuant to Section 34-216, Id aho Code, and 42 U.S.C. Section 15512. Federal law requires the Secretary of State to establish an administrative complaint procedure to remedy grievances under the Help America Vote Act, 42 U.S.C. Section 15481, et seq.(3-31-22)
IDAPA 34.02.02.001 Scope
This chapter provides a uniform, nondiscriminatory procedure fo r the resolution of any complaint alleging a violation of any provision of Title III of the Help America Vote Act of 2002, 42 United States Code Sections 15481, et seq., including a violation that has occurred, is occurring, or is about to occur. The procedure set out in this chapter does not apply to an election recount under Sections 34-2301 et seq., Idaho Code, or to an election contest under Sections 34-2001 et seq., and 34-2101 et seq, Idaho Code. A Complainant who wishes to challenge the validity of any primary, general or special election, or to determine the validity of any ballot or vote must seek relief as otherwise provided by
law.(3-31-22)
IDAPA 34.02.02.002 (Reserved)
IDAPA 34.02.02.010 Definitions
In this chapter, the following terms have the meanings indicated.(3-31-22)
01.Complainant. Means the person who files a complaint with the Secretary of State under this rule;
02.Respondent. Means any State or County election official whose actions are asserted, in a complaint under this subtitle, to be in violation of Title III;(3-31-22)
03.Title III. Means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 United States Code Sections 15481-15485.(3-31-22)
IDAPA 34.02.02.011 Who May File
Any person who believes that there is a violation of any provision of Title III may file a complaint.(3-31-22)
IDAPA 34.02.02.012 Form of Complaint
01.Writing and Notarization.
A complaint shall be in writing and notarized, signed and sworn under oath by the Complainant. The complaint must identify the Complainant by name and mailing address. The complaint must identify the section of Title III for which a violation is alleged. The complaint must set out a clear and concise description of the claimed violation that is sufficiently detailed to apprise both the Respondent and the hearing officer or arbitrator of the claimed violation. The complaint procedure is limited to allegations of violations of Title III in a federal election.(3-31-22)
02.Prescribed or Other Form. The Complainant may use:(3-31-22)
a.The form prescribed by the Idaho Secretary of State, which is available from the Idaho Secretary of State Election Division, or which may be downloaded from the Idaho Secretary of State Election Division’s website at http://www.sos.idaho.gov/; or(3-31-22)
b.Any other form satisfying the requirements of Subsection 012.02.a. of this rule.(3-31-22)
IDAPA 34.02.02.013 Place and Time for Filing,
COPY FOR RESPONDENT.
01.Place for Filing.
A complaint shall be filed with the Election Division, along with adequate proof of mailing or delivery of a copy of the complaint to each Respondent.(3-31-22)
02.Time for Filing. A complaint may be filed no later than ninety (90) days after the final certification of the federal election and at issue. A complaint may be filed anytime prior to an election.(3-31-22)
03.Copy for Respondent. The Complainant shall mail or deliver a copy of the complaint to each Respondent.(3-31-22)
04.Rejection of Complaint. The Election Division shall examine each complaint, and may reject it for filing if:(3-31-22)
a.It is not signed and notarized under oath;(3-31-22)
b.It does not identify the Complainant or include an adequate mailing address;(3-31-22)
c.Does not, on its face, allege a violation of Title III with regard to a federal election; or(3-31-22)
d.More than ninety (90) days have elapsed since the final certification of the federal election at issue.
IDAPA 34.02.02.014 Processing of Complaint
01.Consolidation.
The Secretary of State may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact.(3-31-22)
02.Preparing the Complaint for Determination. The Secretary of State shall take all necessary steps to prepare the complaint for determination under these rules. In the course of preparing the complaint for determination, the Secretary of State shall allow a party to proceed with the assistance of an English language interpreter if the Complainant is unable to proceed without assistance of an interpreter. It is the responsibility of the party who needs an interpreter to secure the services of the interpreter. The Secretary of State, in coordination with the parties, shall establish a schedule under which the Complainant and Respondent may file written submissions concerning the complaint, and under which the complaint shall be finally determined.(3-31-22)
03.Record.(3-31-22)
a.The Secretary of State shall compile and maintain an official record in connection with each complaint under this rule;(3-31-22)
b.The official record shall contain:(3-31-22)
i.A copy of the complaint including any amendments made with the permission of the Secretary of State;(3-31-22)
ii.A copy of any written submission by the Complainant;(3-31-22)
iii.A copy of any written response by any Respondent or other interested person;(3-31-22)
iv.A written report of any investigation conducted by employees of the Secretary of State or Office of Attorney General who shall not be directly involved in the actions or events complained of, and shall not directly supervise or be directly supervised by any Respondent;(3-31-22)
v.Copies of all notices and correspondence to or from the Secretary of State in connection with the complaint;(3-31-22)
vi.Originals or copies of any tangible evidence produced at any hearing conducted under Section 015;
vii.The original tape recording produced at any hearing conducted under Subsection 015.07 of these rules, and a copy of any transcript obtained by any board or other party; and(3-31-22) viii.A copy of any final determination made under Sections 016 or 017.(3-31-22)
IDAPA 34.02.02.015 Hearing
01.Hearing on the Record.
At the request of the Complainant, the Secretary of State shall conduct a hearing on the record.(3-31-22)
02.Time Frame for Hearing. The hearing shall be conducted no sooner than ten (10) days and no later than thirty (30) days after the Secretary of State receives the complaint. The Secretary of State shall give at least ten (10) business days’ advance notice of the date, time, and place of the hearing:(3-31-22)
a.By mail, to the Complainant, each named Respondent, and any other interested person who has asked in writing to be advised of the hearing;(3-31-22)
b.On the Election Division web site; and(3-31-22)
c.By posting in a prominent place, available to the general public, at the offices of the Election Division;(3-31-22)
03.Hearing Officer. The Secretary of State or his designee shall act as hearing officer.(3-31-22)
04.Who May Appear. The Complainant, any Respondent, or any other interested member of the public may appear at the hearing and testify or present tangible evidence in connection with the complaint. Each witness shall be sworn. The hearing officer may limit the testimony, if necessary, to ensure that all interested participants are able to present their views. The hearing officer may recess the hearing and reconvene at a later date, time, and place announced publicly at the hearing.(3-31-22)
05.Representation by an Attorney Not Necessary. A Complainant, Respondent, or other person who testifies or presents evidence at the hearing may, but need not be, represented by an attorney.(3-31-22)
06.Written Presentation. If a person has already testified or presented evidence at the hearing and wishes to contradict testimony or evidence subsequently presented, that person is not entitled to be heard again, but may make a written presentation to the hearing officer.(3-31-22)
07.Tape Recording of Proceedings. The proceedings shall be tape-recorded by and at the expense of the Election Division. The recording shall not be transcribed as a matter of course, but the Election Division, or any party may obtain a transcript at its own expense. If a party obtains a transcript, the party shall file a copy as part of the record, and any other interested person may examine the record copy.(3-31-22)
08.Filing of Written Brief or Memorandum. Any party to the proceedings may file a written brief or memorandum within five (5) business days after the conclusion of the hearing. No responsive or reply memoranda will be accepted except with the specific authorization of the hearing officer.(3-31-22)
IDAPA 34.02.02.016 Final Determination
01.If No Hearing is Held.
If there has been no hearing under Section 015, the Secretary of State or his designee shall review the record and determine whether, under a preponderance of the evidence standard, a violation of Title III has been established.(3-31-22)
02.Determination of Violation. At the conclusion of any hearing under Section 015, the hearing officer shall determine, under a preponderance of the evidence standard, whether a violation of Title III has been established.(3-31-22)
03.Form of Determination.(3-31-22)
a.If the Secretary of State or his designee, whether acting as hearing officer or otherwise, determines that a violation has occurred, the Secretary of State shall provide the appropriate remedy. The remedy shall be directed to the improvement of processes or procedures governed by Title III. The remedy so provided may include an order to any Respondent, commanding the Respondent to take specified action, or prohibiting the Respondent from taking specified action, with respect to a past or future election; however, the remedy may not include an award of money damages or attorney’s fees. The remedy may not include the denial of certification or the invalidation of any primary, general or special election, or a determination of the validity of any ballot or vote. Remedies addressing the certification of an election, the validity of an election, or of any ballot or vote may be obtained only as otherwise provided by law;(3-31-22)
b.If the complaint is not timely or not in proper form, or if the Secretary of State or his designee, whether acting as hearing officer or otherwise, determines that a violation has not occurred, or that there is not sufficient evidence to establish a violation, the Secretary of State shall dismiss the complaint;(3-31-22)
04.Explanation in Written Decision. The Secretary of State or his designee shall explain in a written decision the reasons for the determination and for any remedy selected.(3-31-22)
05.Issuance of Final Decision. Except as specified in Section 017, the final determination of the Secretary of State shall be issued within ninety (90) days after the complaint was filed, unless the Complainant consents in writing to an extension. The final determination shall be mailed to the Complainant, each Respondent, and any other interested person who has asked in writing to be advised of the final determination. It shall also be published on the Division’s website and made available on request to any interested person. If the Secretary of State cannot make a final determination within ninety (90) days after the complaint was filed, or within any extension to which the Complainant consents, the complaint shall be referred for final resolution under Section 017. The record complied under Section 014 of this rule shall be made available for use under Section 017.(3-31-22)
IDAPA 34.02.02.017 Alternate Dispute Resolution
If, for any reason, the Secretary of St ate or his designee does not render a final determination within ninety (90) days after the complaint was filed, or within any extension to which the Complainant consents, the complaint shall be resolved under this Section 017.(3-31-22)
01.Time Frames for Choosing an Arbitrator. On or before the fifth business day after a final determination by the Secretary of State was due, the Secretary of State shall designate in writing to the Complainant a list of names of arbitrators who may resolve the complaint. Within three (3) business days after the Complainant receives this designation, the Complainant and the Secretary of State shall arrange to choose an arbitrator from this list by striking names from the list until an arbitrator acceptable to both parties is chosen. Within three (3) business days after the parties strike names, the Secretary of State shall contact the arbitrator chosen and arrange for the hearing by the arbitrator.(3-31-22)
02.Information the Arbitrator May Review. The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence. In exceptional cases, the arbitrator may request that the parties present additional briefs or memoranda.(3-31-22)
03.Resolution of Complaint. The arbitrator shall determine the appropriate resolution of the complaint as set out in these rules.(3-31-22)
04.Issuance of Written Resolution. The arbitrator must issue a written resolution within sixty (60) days after the final determination of the Secretary of State was due under Section 016. This sixty (60) day period may not be extended. The final resolution of the arbitrator shall be transmitted to the Secretary of State and shall be the final resolution of the complaint. The final resolution shall be mailed to the Complainant, each Respondent, and any other interested person who has asked in writing to be advised of the final resolution. It shall be published on the Election Division website and made available on request to any interested person.(3-31-22)
IDAPA 34.02.02.018 (Reserved)
34.07.01 Rules Governing Notarial Acts Performed for Remotely Located Individuals
IDAPA 34.07.01.000 Legal Authority
In accordance with Sections 51-127 and 51-1 14A, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order for notaries public to perform notarial acts for remotely located individuals by use of communication technology not inconsistent with the Revised Uniform Law on Notarial Acts (2018) enacted as Title 51, Chapter 1, Idaho Code.(3-31-22)
IDAPA 34.07.01.001 Scope
These rules will govern the performance of notarial acts for remotely located indi viduals by use of communication technology under Title 51, Chapter 1, Idaho Code. Only notaries public who have been authorized to perform notarial acts with respect to electronic records and by the Secretary of State under this chapter for remotely located individuals are governed by this chapter. Additional specifications for the use of tamper-evident technologies are required for notarial acts performed with respect to electronic records as described in Title 51, Chapter 1, Idaho Code.
IDAPA 34.07.01.002 (Reserved)
IDAPA 34.07.01.010 Definitions
For all terms used here but not otherwise defined, the meaning will be the same as in Sections 51-102 and 51-114A, Idaho Code.(3-31-22)
01.Knowledge-Based Authentication. An identity assessment used by a notary public to identify an individual that is based on a set of questions formulated from public or private data sources that does not contain a question for which the individual provided a prior answer to the person doing the assessment.(3-31-22)
IDAPA 34.07.01.011 Required Notification to Secretary of State
01.Qualification Requirements.
An individual qualifies to perform notarial acts for remotely located individuals by:(3-31-22)
a.Being duly commissioned as a notary public under Section 51-121, Idaho Code;(3-31-22)
b.Being authorized by the Secretary of State to perform electronic notarizations; and(3-31-22)
c.Providing notice by application to the Secretary of State that the notary public will be performing notarial acts facilitated by communication technology that meets the requirements of this chapter.(3-31-22)
02.Notification Form. The notification required under this section must be on a form as prescribed by the Secretary of State.(3-31-22)
03.Submission of Notification. The notification must be submitted to the Secretary of State in writing or as otherwise provided by information posted on the Secretary of State’s website.(3-31-22)
04.Renewal of Commission. The renewal of the commission of a notary public who has previously qualified to perform notarial acts for remotely located individuals under this section constitutes renewal of the notary public's qualification without the necessity of submission of another notification under this section.(3-31-22)
05.Updated Technology. This section does not prohibit a notary public from receiving, installing, or using a hardware or software update to the technologies that the notary public identified under Subsection 011.02 of this chapter if the hardware or software update does not result in technologies that are materially different from the technologies that the notary public identified.(3-31-22)
IDAPA 34.07.01.012 Use of Electronic Records
01.Tamper-Evident Technology Required.
A notary shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to use a technology that the notary public has not selected.(3-31-22)
02.Digital Certificate. Tamper-evident technology shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology.
A notary public shall attach or logically associate the notary public's electronic signature and official stamp to an electronic record that is the subject of a notarial act by use of a digital certificate. A notary public may not perform a notarial act with respect to an electronic record if the digital certificate:(3-31-22)
a.Has expired;(3-31-22)
b.Has been revoked or terminated by the issuing or registering authority;(3-31-22)
c.Is invalid; or(3-31-22)
d.Is incapable of authentication.(3-31-22)
IDAPA 34.07.01.013 Identity Proofing
If a notary public does not have satisfactory evidence of the identity of a remotely located individual under Section 014 of this chapter, the notary public must reasonably verify the individual's identity through two (2) different types of identity proofing consisting of a multi-factor authentication procedure as provided in this section. The procedure shall analyze the individual's identity credential against trusted third-person data sources, bind the individual's identity to the individual following successful knowledge-based authentication, and permit the notary public visually to compare the identity credential and the individual. The analysis of the identity credential and the knowledge-based authentication shall conform to the following requirements:(3-31-22)
01.Credential Analysis. The analysis of an identity credential must use public or private data sources to confirm the validity of the identity credential presented by a remotely located individual and, at a minimum:
a.Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;(3-31-22)
b.Require that the identity credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified;(3-31-22)
c.Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and(3-31-22)
d.Enable the notary public visually to compare for consistency the information and photograph on the identity credential and the remotely located individual as viewed by the notary public in real time through communication technology.(3-31-22)
02.Knowledge-Based Authentication. A knowledge-based authentication is successful if it meets the following requirements:(3-31-22)
a.The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;(3-31-22)
b.Each question must have a minimum of five (5) possible answer choices;(3-31-22)
c.At least eighty percent (80%) of the questions must be answered correctly;(3-31-22)
d.All questions must be answered within two (2) minutes;(3-31-22)
e.If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours;(3-31-22)
f.During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced;(3-31-22)
g.If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within twenty-four (24) hours of the second failed attempt; and(3-31-22)
h.The notary public must not be able to see or record the questions or answers.(3-31-22)
IDAPA 34.07.01.014 Other Methods of Identity Proofing
A notary public has satisfactory evidence of the i dentity of a remotely located individual if the notary public has personal knowledge of the identity of the individual or if the notary public has satisfactory evidence of the identity of the individual by oath or affirmation of a credible witness appearing before the notary as provided in Section 51-107, Idaho Code. A credible witness may be a remotely located individual if the notary public, credible witness, and individual whose statement or signature is the subject of the notarial act can communicate by using communication technology. A remotely located credible witness must meet the same requirements for identity proofing found in Section 013 of this chapter, or the notary public must have personal knowledge of the identity of the remotely located credible witness.(3-31-22)
IDAPA 34.07.01.015 Communication Technology
01.Audio-Video Feeds. Com munication technology shall:(3-31-22)
a.Provide for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other; and(3-31-22)
b.Provide a means for the notary public reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature.(3-31-22)
02.Security Measures. Communication technology shall provide reasonable security measures to prevent unauthorized access to the live transmission of the audio-visual feeds, the methods used to perform the identity proofing process under Sections 013 or 014 of this chapter, and the electronic record that is the subject of the notarial act.(3-31-22)
03.Workflow. If a remotely located individual must exit the workflow, the remotely located individual must restart the identity proofing process under Sections 013 or 014 of this chapter from the beginning.(3-31-22)
IDAPA 34.07.01.016 Record Retention and Repositories
01.Optional Journal.
A notary public may maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs with respect to remotely located individuals. A journal may be created on a tangible medium or in an electronic format using an industry-standard data file format. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. An entry in a journal must be made contemporaneously with the performance of the notarial act.(3-31-22)
02.Retention Requirements. A notary public shall retain an audio-visual recording required under Section 51-114A, Idaho Code, in a computer or other electronic storage device that protects the audio-visual recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard audio-visual file format and need not include images of any record in which a remotely located individual made a statement or on which the remotely located individual executed a signature. The recording must be retained for at least ten (10) years after the recording is made. On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of a recording shall:(3-31-22)
a.Comply with the retention requirements of this subsection;(3-31-22)
b.Transmit the recording to one or more repositories under Subsection 016.03 of this chapter; or
c.Transmit the recording in an industry-standard readable data storage device to the Secretary of State.(3-31-22)
03.Repositories. A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a repository to provide the storage required by Subsection 016.02 of this chapter. A third person under contract under this Subsection shall be deemed a repository under Section 51-114A, Idaho Code. The contract shall:(3-31-22)
a.Enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of Subsection 016.02 of this chapter even if the contract is terminated; or(3-31-22)
b.Provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated.
IDAPA 34.07.01.017 Fees and Expenses
Third-Person Expenses: Section 51-133, Idaho Code, shall no t be construed to prevent a third person who provides technologies or storage capabilities to aid the notary public in the performance of a notarial act or in the fulfillment of duties under this chapter from separately charging and collecting any additional fee for the services provided.
IDAPA 34.07.01.018 Certificate of Notarial Act
Additional Language for Use of Communication Technology: As per Section 51-114A, Idaho Code, a certificate for a notarial act for a remotely located individual, whether in standard or short form, will include additional language to indicate that the notarial act was performed using communication technology and will be sufficient if it is substantially as follows: “This notarial act involved the use of communication technology.”(3-31-22)
IDAPA 34.07.01.019 (Reserved)
34.05.03 Requests for Information Form UCC-4 Fees
IDAPA 34.05.03.000 Legal Authority
01.Title 28, Chapter 9, Part 4, Idaho Code.
02.Title 45, Chapters 2 and 3, Idaho Code.(3-25-22)
IDAPA 34.05.03.001 (Reserved)
IDAPA 34.05.03.010 Definitions
01.SOS. Secretary of State.
02.EFS. An effective financing statement relating to farm products, as described in IDAPA 34.05.01, “Rules Governing Farm Products Central Filing System.”(3-25-22)
03.Notice of Lien in Crops. A notice of claim of lien in crops for seed or farm labor, as described in IDAPA 34.05.02, “Rules Governing Liens in Crops, For Seed, and Farm Labor.”(3-25-22)
04.Notice of Federal Lien. A notice of lien in personal property filed by the Internal Revenue Service or other federal entity pursuant to Title 45, Chapter 2, Idaho Code.(3-25-22)
05.UCCFS. A financing statement filed pursuant to Sections 28-9-402 and 28-9-403, Idaho Code, other than one relating to farm products.(3-25-22)
06.Notices. A collective term used in this rule to include all of the notices and financing statements described in the foregoing Subsections 010.02 through 010.05, as well as all ancillary documents pertaining thereto.
07.Debtor. Includes a lienee under Title 45, Chapter 2, Idaho Code, and a producer under Title 45, Chapter 3, Idaho Code.(3-25-22)
08.Secured Party. Includes the federal government under Title 45, Chapter 2, Idaho Code, and a claimant under Title 45, Chapter 3, Idaho Code.(3-25-22)
IDAPA 34.05.03.011 Requests for Information
Upon the request of any person, the SOS shall issue a certificate showing all notices of the types included in a request naming a particular debtor. The certificate shall include the date and hour of filing of each notice, and the name and address of each secured party named therein. If the requested notices include EFS’s or notices of liens in crops, the certificate shall further include other information described in IDAPA 34.05.01, “Rules Governing Farm Products Central Filing System,” and IDAPA 34.05.02, “Rules Governing Liens in Crops, for Seed and Farm Labor,” as applicable.(3-25-22)
IDAPA 34.05.03.012 Fees
01.Information Only.
Ten dollars ($10) when filed online.(3-25-22)
02.Information and Images. Sixteen dollars ($16) when filed online.(3-25-22)
03.Filing not Submitted Online. An additional twenty dollars ($20).(3-25-22)
04.Payment. Notwithstanding any other provision of this rule, cash payment in advance is required from a requesting party before a certificate will be provided.(3-25-22)
IDAPA 34.05.03.013 (Reserved)
34.05.02 Rules Governing Liens in Crops for Seed or Liens in Crops for Farm Labor
IDAPA 34.05.02.000 Legal Authority
In accordance with Sections 67-903(9), 45-313(3), and 45-316, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office of the Secretary of State.(3-25-22)
IDAPA 34.05.02.001 Scope
These rules govern the requirements for the filing, amendment, or termination of liens in crops for seed or liens in crops for farm labor, as well as the creation and distribution of a master list of liens in crops for seed or liens in crops for farm labor.(3-25-22)
IDAPA 34.05.02.002 (Reserved)
IDAPA 34.05.02.010 Definitions
The definitions set forth in Section 45-302, Idaho Code, and the following terms apply to these rules.(3-25-22)
01.Family. A group of related persons living together as one economic unit, comprised of parents and children, including step-children.(3-25-22)
02.Farm Laborer. Anyone who provides farm labor used in the production of crops. When a business entity contracts for and provides such labor, e.g., aerial spraying or custom harvesting, the entity and not its individual employees shall be deemed to be the farm laborer. When individuals provide such labor directly to a producer, each individual is a farm laborer, whether or not they have been organized as a work crew or are members of a family which works as a unit.(3-25-22)
03.Notice of Claim of Lien. A written notice on the public record of a claimant’s lien in the crops of a producer.(3-25-22)
04.SOS. Idaho Secretary of State.(3-25-22)
IDAPA 34.05.02.011 (Reserved)
IDAPA 34.05.02.100 Requirements for Notice of Claim of Lien
01.Form.
The form for a notice of claim of lien shall be designated “SL-1” and must be completed in accordance with instructions provided by the SOS.(3-25-22)
a.Collateral information codes assigned by the SOS shall be used to indicate the crop and the county where the crop is grown. The SOS will provide a list of the established codes upon request.(3-25-22)
02.Supplement. If there is insufficient space on the form SL-1 for all producer and claimant information, the excess will be entered on a supplement form designated “SL-2.”(3-25-22)
IDAPA 34.05.02.101 Amendment, Assignment, Extension, and Release of Claim of Lien
01.Form.
The form for amendment, assignment, extension, and release of claim of lien is designated “SL-3” and must be completed in accordance with instructions provided by the SOS.(3-25-22)
a.Collateral information codes assigned by the SOS shall be used to indicate the crop and the county where the crop is grown. The SOS will provide a list of the established codes upon request.(3-25-22)
02.Supplement. If there is insufficient space on the first page of the form SL-3 for all information, the excess will be entered on an attached second page SL-3.(3-25-22)
IDAPA 34.05.02.102 (Reserved)
IDAPA 34.05.02.200 Registration and Subscription for List of Liens in Crops for Seed or Liens
IN CROPS FOR FARM LABOR.
Any person may register and subscribe for regular distribution o f lists of all presently effective notices of claim of liens in crops for seed or liens in crops for farm labor which have been filed under this rule. Unless otherwise set forth in this chapter, the registration and subscription for the list of liens in crops for seed or liens in crops for farm labor shall be administered by the rules as set forth in IDAPA 34.05.01, “Rules Governing Farm Products Central Filing System,” Section 201.(3-25-22)
IDAPA 34.05.02.201 List of Notices of Claim of Lien (list)
01.Compilation and Distribution.
The SOS shall compile and make available to subscribers a list that includes all presently effective notices of claim of liens in crops for seed or liens in crops for farm labor.
02.Schedule. The list will be published on a bi-weekly schedule to be established by the SOS.
03.Cut-Off. In order to be included on a list, a notice of claim of lien must be received by the SOS at least one (1) business day prior to publication.(3-25-22)
04.Schedule. At the beginning of each quarter, the SOS will make available a schedule of proposed publication dates for that calendar quarter. The SOS may, for good cause, deviate from the schedule, but every list will be marked with the actual date of publication. In no case will there be more than eighteen (18) days between publications of lists.(3-25-22)
IDAPA 34.05.02.202 (Reserved)
IDAPA 34.05.02.300 Request for Information
Requests for information on notices of claim of liens in crops for seed or liens in crops for farm labor, both written and verbal, will comply with IDAPA 34.05.03, “Rule Governing Requests For Information -- Form UCC-4 -- Fees.”
IDAPA 34.05.02.301 Fees
01.Notice of Claim of Lien, Notice of Amen dment, Assignment, or Extension.(3-25-22)
a.The fee is four dollars ($4) if the form is filed online, and is eight dollars ($8) in any other form, to be paid at the time of filing.(3-25-22)
02.Notice of Release. No fee charged.(3-25-22)
03.Registration and Subscription for List of Notices. The fees for registration and subscription are set forth in IDAPA 34.05.01, “Rules Governing Farm Products Central Filing System,” Subsections 303.02 and
IDAPA 34.05.02.303 03.(3-25-22)
04.Fees for Requests for Information. The fees for requests for information on notices of claim are provided in IDAPA 34.05.03, “Rules Governing Requests For Information -- Form UCC-4 -- Fees.”(3-25-22)
IDAPA 34.05.02.302 (Reserved)
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