W. Va. Code R. § 153-30-4

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

Section 153-30-4 - Agency Procedures for Adoption, Modification or Revocation of Electronic Signature Acceptance

4.1. Each agency shall evaluate the types of records received to determine which records can be accepted with electronic signatures, and which type of electronic signature meets the security requirements of the specific transaction.

4.2. For each type of electronic record on which an agency is willing to accept an electronic signature in satisfaction of a legal signature requirement, the agency shall give notice in conjunction with the electronic filing system which shall specify:

4.2.1. The type(s) of electronic signature that will be accepted on the record;

4.2.2. A description of any restrictions on who may electronically sign the record;

4.2.3. Specifications for any procedures or technology that must be used to create, communicate, or store the electronic signature; and

4.2.4. The name of one or more contacts, including an Authorized officer, within the agency who can provide additional information, along with one or more of the address, telephone and e-mail address of the contact person(s).

4.3. An agency may modify, suspend, or terminate the acceptance of the electronic signatures after giving notice according to the requirements of this section; provided, that:

4.3.1. Notice shall be given as required at least thirty (30) days prior to the termination of acceptance of a type of electronic signature; and

4.3.2. In an emergency which prevents the acceptance of the electronic signature, an agency may suspend acceptance of electronic signatures and require filings and signatures be provided on paper. The agency shall provide reasonable notice to potential filers.

4.4. Nothing in this rule shall be construed to require an agency to accept electronic signatures in lieu of written signatures.

4.5. Nothing in this rule shall be construed to allow an agency, without the specific authority of statute, to require a person acting on his or her own behalf, or a person acting on behalf of an entity other than a governmental entity to use an electronic signature in order to complete an essential filing.

4.6. All agencies may enter into agreements with other agencies relating to the use and acceptance of electronic signatures on electronic records communicated between those agencies.

W. Va. Code R. § 153-30-4