Section 0400-01-40-.04 - ELECTRONIC REPORTING(1) When allowed by the Department, a person may submit reports or other documents to the Department electronically to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69, provided that person complies with the requirements of paragraph (3) of this rule.(2) When required by the Department, a person must submit reports or other documents to the Department electronically to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69 in compliance with the requirements of paragraph (3) of this rule.(3)(a) The person that transmits the electronic document to the Department's applicable electronic document receiving system must comply with the system's requirements for submission; and(b) The electronic document must bear all valid electronic signatures that are required by paragraph (4) of this rule.(4) An electronic document must bear the valid electronic signature of a signatory if that signatory would be required to satisfy a statutory obligation or regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69 to sign the paper document for which the electronic document substitutes, unless the Department includes specific provisions to accept a handwritten signature on a separate paper submission and the signatory provides that handwritten signature. The paper submission must contain references to the electronic document sufficient for legal certainty that the signature was executed with the intention to certify to, attest to, or agree to the content of that electronic document.Tenn. Comp. R. & Regs. 0400-01-40-.04
Original rule filed September 28, 2015; effective 12/27/2015.Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.