Secretary of State’s Office Adopts New Rules to Increase Access to Notary Services for Deaf, Hard of Hearing, and Deafblind Individuals

Denver, August 26, 2022 - The Secretary of State’s Office has permanently adopted a new amendment to Notary Program Rule 2.3 following an August 16 public rulemaking hearing conducted with in-person and virtual attendance. The rule change allows greater access to notary services for individuals who are deaf, hard of hearing, and deafblind by authorizing the use of interpreters during notarial acts.

“This rule change is an important step in increasing access to notary services for people with hearing difficulties,” said Secretary Griswold.  “As Secretary of State, I will always ensure every Coloradan has equal access to notary services in our state.”

The adopted amendments to Notary Program Rule 2.3 clarify the exception that authorizes the use of an interpreter for deaf, hard of hearing, and deafblind individuals during notarial acts, and state:

• An interpreter for the deaf, hard of hearing, or deafblind individuals must hold either: a valid certification issued by the Registry of Interpreters for the Deaf, Inc. or successor entity, or a valid certification for sign language interpretation approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind.
• An interpreter must not have a disqualifying interest. An interpreter has a disqualifying interest in a record if:
  • The interpreter or the interpreter’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
  • The interpreter or the interpreter’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee for interpreter services.

The Department has considered amendments to the Colorado Department of State Notary Program Rules to ensure the uniform and proper administration, implementation, and enforcement of the Revised Uniform Law on Notarial Acts (RULONA).

To read the Notice of Adoption, click here. For more information on this rulemaking process, please click here. For an audio recording of the public rulemaking hearing, please click here.

These rules will become permanently effective twenty days after publication in the Colorado Register.

Please contact SoS.Rulemaking@coloradosos.gov if you have any questions relating to the rulemaking.