Ala. Admin. Code r. 660-1-6-.15

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.15 - Electronic Records Policy

(1)Legal Basis: The Alabama Uniform Electronic Transaction Act, Code of Ala. 1975, §§ 8-1A-1etseq., enacted in 2002 is intended to facilitate the use of electronic documents in business, commercial and governmental transactions. The Act promotes but not require the use of electronic signatures and creation of electronic documents. Code of Ala. 1975, § 8-1A-18(a), the Alabama Uniform Electronic Transaction Act, passed in 2002 provides that "each government agency of this state with rule-making authority...may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.." Section 8-1A-12(a) provides that an electronic record meets other state law requirements for record retention if the electronic record both accurately reflects the original document and is accessible for later reference. Section 8-1A-13 provides that an electronic record may not be excluded from evidence in court solely because it is in electronic form. Section 8-1A-12(g) provide that the State Records Commission is not precluded by the Act from placing additional requirements for record retention on agencies. The Department of Human Resources has decided to convert certain paper documents into electronic documents and has established this policy to comply with the Act.

(2)Definitions: Including the definitions provided in the Alabama Uniform Electronic Transactions Act, the following words where used in this chapter shall have the following meanings:

(a)Act. Alabama Uniform Electronic Transaction Act, Code of Ala. 1975, §§ 8-1A-1etseq.

(b)Department. Alabama Department of Human Resources.

(c)Electronic. Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic, or similar capabilities.

(d)Electronic Record. A record created, generated, sent, communicated, received, or stored by electronic means.

(e)Electronic Signature. 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.

(f)Information. Data, text, images, sounds, codes, computer programs, software, databases, or the like.

(g)Information Processing System. An electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(h)Record. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(i)Transaction. An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

(3)Use of Electronic Documents: The Department may create a retrievable electronic record or copy, by optical scan or otherwise, of paper original documents or make other images or paper copies which accurately reproduce the originals, and may destroy original paper documents so copied as specified in the appropriate approved State Records Commission record retention schedule. Electronic copies of original documents, when certified by an authorized Department record custodian, are admissible in Department hearings or other administrative and judicial proceedings as authorized by the Act as through they were the original document. The electronic document retains the confidential or public document characteristics of the original document.

(4)Electronic Signature Process: The procedures in this subsection with respect to electronic signatures apply to any online application for services provided by any Division within the Department. When an applicant completes an online application for services using a DHR provided and maintained computer system, the applicant must complete the following steps which, considered together, will constitute a binding electronic signature:

(a) Provide full name of the applicant (First Name, Middle Name, Last Name, Suffix);

(b) Read a disclosure statement advising the applicant that the electronic signature he/she is about to create is legally binding;

(c) Enter a check in a checkbox indicating that the applicant has read the disclosure statement and understands that my checking the checkbox, he/she is electronically signing the application;

(d) Click a button or other link causing the completed application for services to be electronically transmitted to the Department for eligibility determination by Department personnel.

The information contained in this subsection constitutes the minimum that is required for a valid electronic signature. Any Division within the Department may require additional reasonable information from an applicant.

Ala. Admin. Code r. 660-1-6-.15

New Rule: Filed September 6, 2006; effective October 11, 2006. Amended: Filed February 9, 2011; effective March 16, 2011.

Author: Jeff Barnes

Statutory Authority:Code of Ala. 1975, §§ 8-1A-7, 8-1A-12, 8-1A-13, 8-1A-18.