Legal Authority
Approved: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Article 5
On January 21, 2021, the Office of Administrative Law approved the Department of Justice’s regulations regarding ERDS and filed them with the Secretary of State. These regulations became effective on January 21, 2021.
Final Regulations:
Public Notice and Related Documents:
Regulations
2019 Rulemaking to Amend the California Code of Regulations, Title 11, Division 1, Chapter 18, Articles 2, 4, 5, 6, 7, 8, and 9
Approved Final Regulation (Effective: January 1, 2020)
Final Regulations
Final Rulemaking Submitted to OAL August 30, 2019
- Federal Information Processing Standard (FIPS) 180-4, Secure Hash Standard, August 2015
- National Institute of Standards and Technology (NIST) Special Publication 800-88 Revision 1, Guidelines for Media Sanitization, December 2014
- NIST Special Publication 800-63-3, Digital Identity Guidelines, June 2017
- NIST Special Publication 800-70 Revision 4, National Checklist Program for IT Products - Guidelines for Checklist Users and Developers, February 2018
- NIST Special Publication 800-52 Revision 1, Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations, April 2014
- FIPS 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions, August 2015
- FIPS 140-2, Security Requirements for Cryptographic Modules, May 2001 (change notice dated, December 2002)
- Application for Withdrawal, Form # ERDS 0010, May 2011
- Request for Replacement of Certificate and/or Documents, Form # ERDS 0006
- Notice of Proposed Rulemaking
- Text of Proposed Regulations
- Initial Statement of Reasons
- Std. 399 Fiscal Impact Statement
- Std. 400 (Part A)
2014 Rulemaking to Amend the California Code of Regulations, Title 11, Division 1, Chapter 18, Articles 4, 5, 6, 7, 8, and 9
Approved Final Regulation (Effective:10/1/14)
Final Approval
Final Rulemaking Submitted to OAL June 30, 2014
- 15-Day Notice. Notice of Modifications to Text and/or Forms Related to Proposed Regulations (4/25/14), pdf
- ERDS 0002. Application for Computer Security Auditor Approval (Repeal), pdf
- ERDS 0008. Change of ERDS Role (Adopt), pdf
- Article 4. Fingerprinting and Criminal Record Checks, pdf
- Article 5. Baseline Requirements and Technology Standards, pdf
- Article 6. Electronic Recording Delivery System Certification, pdf
- Article 7. Computer Security Auditor, pdf
- Article 8. Vendor of Electronic Recording Delivery System Software, pdf
- Article 9. Audits and Oversight, pdf
- Federal Information Processing Standard Publication, pdf
- 15-Day Notice. Notice of Modifications to Text and/or Forms Related to Proposed Regulations (1/9/14), pdf
- 15-Day Notice. Notice of Modifications to Text and/or Forms Related to Proposed Regulations (8/1/13), pdf
- Initial Statement of Reason (ISOR), pdf
- 45-day Notice. Notice for Proposed Amendments, pdf
2007 Rulemaking to Amend the California Code of Regulations, Title 11, Division 1, Chapter 18, Articles 1 through 9
Approved Final Regulation (Effective: 8/31/07)
Final Rulemaking Submitted to OAL June 25, 2007
- Final Statement of Reasons, pdf
- Text of the Modified Regulations, pdf (April 9, 2007)
- ERDS Regulations Comment Form, pdf (April 9, 2007)
- Incorporation by Reference Documents, pdf (April 9, 2007)
- Notice of Rulemaking Action, pdf (April 9, 2007)
- Text of the Modified Regulations, pdf (November 18, 2006)
- Notice of Rulemaking Action, pdf (November 18, 2006)
- Text of Proposed Regulations, pdf
- Notice of Rulemaking Action, pdf (September 6, 2006)
- Initial Statement of Reasons, pdf