W. Va. Code R. § 153-30-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-30-3 - Agency Use of Electronic Records and Electronic Signatures Generally

3.1. Each agency shall determine the extent to which it will send and receive electronic records and electronic signatures to and from other persons and otherwise create, use, store, and rely upon electronic records and electronic signatures.

3.2. In any case where an agency decides to send or receive electronic records, or to accept document filings by electronic records, the agency shall, giving due consideration to security, specify:

3.2.1. The manner and format in which the electronic records must be created, sent, received, and stored;

3.2.2. The type of electronic signature that is required or acceptable, the security level required for the transaction, the manner and format in which the signature must be affixed to the electronic record, and the criteria that must be met by any third party used by the sender of the electronic record to facilitate the process;

3.2.3. Processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of the electronic records;

3.2.4. The software vendor, software product, and software version that will be used;

3.2.5. The categorical types of documents on which the agency intends to use or accept electronic signatures; and

3.2.6. Any other required attributes for the electronic records that are currently specified for corresponding paper documents, or reasonably necessary under the circumstances.

3.3. For all agency applications to implement electronic signatures submitted on or after March 4, 2010, the specifications outlined in subsection 3.2 of this rule shall be submitted by the agency to the Office of Technology in an agency application.

3.4. All agency applications must be signed by an Authorized officer. Once the Office of Technology has approved an agency application, the agency shall forward a copy of the application and the Office of Technology's approval to the Secretary of State. Upon receipt Office of Technology approval, the agency shall forward to the Secretary of State a copy of the completed application and the Office of Technology approval. After confirmation of receipt by the Secretary of State of an agency application and Office of Technology approval, the agency may begin implementing electronic signature certificates for its usage and acceptance.

3.5. In the event that an agency intends to employ a new software vendor, software product, or software version, the agency shall obtain a new approval pursuant to subsection 3.4 of this rule.

3.6. Whenever any rule of law requires or authorizes the filing of any information, notice, lien, or other document or record with any agency, a filing made by an electronic record has the same force and effect as a filing made on paper in all cases where the agency has authorized or agreed to the electronic filing and the filing is made in accordance with applicable rules or agreement.

3.7. Subject to prior notice by the receiving agency, submission of an electronic record containing an electronic signature constitutes an agreement by the sender to accept equivalent electronic signature types on return or corresponding electronic records.

W. Va. Code R. § 153-30-3