Ala. Admin. Code r. 810-14-1-.23 - Procedures For The Use And Acceptance Of Electronic Signatures Under The Uniform Electronic Transactions Act (UETA)
(1) Pursuant to §
8-1A-18, Code of Ala.
1975, of the Uniform Electronic Transactions Act (UETA), codified
at §
8-1A-1, et seq., Code
of Ala. 1975, any document submitted to the department that
requires a signature may be signed with an electronic signature, subject to the
following requirements and limitations.
(2) A document submitted to the department
with an electronic signature must comply with the requirements of the
UETA.
(3) The person creating and
submitting an electronically signed document is solely responsible for ensuring
that the method used complies with all the requirements of the UETA.
(4) All electronic signatures are subject to
verification by the department. The department may request additional
information from the signer to establish the identity and signature authority
of the signer. The department reserves the right to reject a document filed
with an electronic signature if it determines that the signature was not
affixed by a method that complies with requirements of the UETA or has reason
to suspect that the electronic signature was not affixed by the person
purporting to sign the document.
(5) Among the factors the department will
consider when verifying an electronic signature are whether the electronic
signature was affixed to a document with a method that:
(a) Uniquely identifies the signer or creator
of the record.
(b) Prevents others
from using the same identifier.
(c)
Provides a mechanism for determining whether the data contained in the record
was changed after it was signed or created.
(6) This rule does not supersede any existing
rule issued by the department or statute relating to the electronic filing or
signing of documents including, but not limited to the electronic filing of tax
returns.
(7) The department may, by
rule, provide more specific requirements for the electronic filing or signing
of a document or class of documents.
(8) The department may, by rule, exclude a
document or a class of documents from submission with an electronic
signature.
(9) Any document
distributed or issued by the department that must be signed by a department
official or employee may be signed with an electronic signature.
Notes
Author: Craig Banks
Statutory Authority: Code of Ala. 1975, § 40-2A-7(a)(5); Title 8, Chapter 1A.
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