N.J. Admin. Code § 15:3-9.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 15:3-9.12 - Agreements for electronic submission

(a) Submissions to the county recorder shall be as follows:

1. Every trusted submitter or transmitting party, including third-party servicers, shall complete and sign a Trusted Submitter Agreement application with the county recorder(s). Upon notice of acceptance of the Trusted Submitter Agreement by the county recorder, the trusted submitter or transmitting party shall be authorized to submit documents electronically subject to policies established by the county recorder pursuant to 15:3-9.11. A Trusted Submitter Agreement application can be obtained from the county recorder's office.

2. The trusted submitter or transmitting party and the county recorder shall enter into an agreement specifying the terms and conditions of participation in the county recorder's electronic submission program. The provisions of the agreement shall be consistent with 46:26A-1 et seq., and 46:26C-1 et seq. At a minimum, the agreement shall address the following items:

i. Accepted electronic submissions in the county;

ii. Accepted document types in the county;

iii. Defined technical specifications for data formats, document formats, electronic transmissions, and security;

iv. Indexing fields required for each document type;

v. Electronic signature and notarization requirements;

vi. Payment options for recording fees and applicable taxes;

vii. Hours during which electronic submissions will be accepted and processing schedules that affect order of acceptance;

viii. Liabilities and responsibilities of the parties transacting electronically;

ix. Document acceptance and rejection requirements and procedures when documents do not comply with technical specifications for data formats, document formats, electronic transmission, or security;

x. Communication methods and contact information; and

xi. Breach of agreement by the trusted submitter or transmitting party.

3. A county recorder may include in the agreement other procedures and requirements consistent with 46:26A-1 et seq., and 46:26C-1 et seq., in order to implement fully an electronic submission program.

(b) Third-party submission service shall be as follows:

1. If a third-party service is used to submit electronic documents to the county recorder, the county recorder shall require any trusted submitter or transmitting party to complete and sign an agreement with the organization operating the third-party service and with the county recorder.

2. The third-party agreement will govern the use, terms, and conditions of software and its related products, services, and website. The provisions of the agreement shall be consistent with 46:26A-1 et seq., and 46:26C-1 et seq. Administrative or technical information regarding computer hardware, software, and networks which, if disclosed, would jeopardize computer security shall not be subject to public disclosure. At a minimum, the agreement shall address the following items concerning electronic submission of electronic documents:

i. Licenses and sublicenses involved in the use of a portal;

ii. Information about the functions and features of a portal;

iii. Code of conduct or guidelines for using a portal as the medium for electronic document delivery;

iv. Requirements for electronic communications and website access between the trusted submitter or transmitting party and a portal;

v. Requirements for the submission of data or information to a portal;

vi. Liabilities and responsibilities of the parties;

vii. Contact information;

viii. Breach of agreement by the parties;

ix. The portal's connectivity requirements; and

x. Network information concerning the portal's website and any external sites connecting with the portal.

N.J. Admin. Code § 15:3-9.12

Adopted by 46 N.J.R. 2177(a), effective 11/3/2014.