(A)
Purpose
To provide for the effective and
efficient administration of university contract administration, electronic
signatures are permissible when executed in accordance with this policy. The
university recognizes an electronic signature as legally binding to the fullest
extent permitted by law. The implementation and use of electronic signatures at
the university shall remain consistent with section
1306.20 the Revised
Code.
Ohio law defines an "electronic
signature" as "an electronic sound, symbol, or process attached to or logically
associated with a record and executed or adopted by a person with the intent to
sign the record" and an electronic record as "a record created, generated,
sent, communicated, received, or stored by electronic means." "electronic" is
defined as "relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities." For purposes of
this policy "electronic transaction" shall mean a transaction conducted or
performed, in whole or in part, by electronic means or electronic
records.
To the fullest extent permitted by law,
Ohio university may elect to accept electronic signatures as legally binding
and equivalent to handwritten signatures to signify agreement to electronic
transactions. In the furtherance of this policy, Ohio university
may:
(1)
Identify specific transactions that Ohio university will
conduct by electronic means only;
(2)
Identify specific
transactions that Ohio university will not conduct by electronic
means;
(3)
Specify the manner and format in which electronic
records must be created, generated, sent, communicated, received, and stored,
and the systems established for those purposes;
(4)
Specify the type
of electronic signature required, the manner and formate which the electronic
signature must be affixed to the electronic record, and the identity of, or
criteria that must be met, by any third party used;
The use of an electronic signature does
not mean that the record has been signed by a person authorized by Ohio
university to sign that record. Appropriate procedures must be used to confirm
that the person signing the record has the required signature authority. An
electronic signature used by a person without the authority to sign a given
record or used on a given record for which that electronic signature method has
not been approved will not be considered binding by Ohio
university.
Nothing in this policy limits the
university's right or option to conduct a university transaction on paper or in
non-electronic form, nor affect the university's right or obligation to have
documents be provided or made available on paper when required by applicable
policies, laws or regulations.
(B)
Implementation
The division of finance and
administration shall be responsible for the administration of this rule and
shall coordinate with other divisions and offices as necessary to ensure
uniform procedures for contracting with non-university parties through
electronic signature.
(1)
The division of finance and administration is
responsible for the establishment of university standards for the use of
electronic signatures. Such standards may be created and revised by the
division to ensure the effective and efficient use of electronic
signatures.
(2)
This policy operates in conjunction with the
university's delegations of authority. Electronic signatures may only be
executed by an individual authorized to sign on behalf of the
university.
Notes
Ohio Admin. Code
3337-53-01
Effective:
9/28/2022
Promulgated Under:
111.15
Statutory
Authority: 3337.01
Rule
Amplifies: 3337.01
