17.4.802    DEFINITIONS

(1) For the purposes of this subchapter, the following definitions apply:

(a) "Electronic record" means any electronic record, as defined in 30-18-102, MCA, that is submitted to the department or to EPA, pursuant to this subchapter.

(b) "Electronic record receiving system" means the information processing system, including the apparatus, procedures, software, records, and documentation, established and used by the department or EPA to receive electronic records submitted pursuant to this subchapter.

(c) "Electronic signature" has the meaning given in 30-18-102, MCA.

(d) "Electronic signature device" means a code, such as a password, or other mechanism that is used to create electronic signatures. The code or mechanism must be unique to the individual person creating the signature at the time the signature is created, and that person must be uniquely entitled to use it.

(e) "Electronic subscriber agreement" means a written agreement prepared by the department and signed by an individual person with respect to submittal of electronic records to the department, requiring the individual to:

(i) protect any account security information from compromise;

(ii) promptly report to the department any evidence discovered that account security information has been compromised;

(iii) be held as legally bound, obligated, or responsible by the submittal and content of electronic records as by the submittal and content of paper documents for which the electronic records are substituted; and

(iv) for electronic records submitted by the person in lieu of paper documents on which a signature is required:

(A) protect the person's electronic signature device from compromise;

(B) promptly report to the department any evidence discovered that the person's electronic signature device has been compromised; and

(C) be held as legally bound, obligated, or responsible by the electronic signature created as by a handwritten signature.

(f) "Handwritten signature" means the scripted name or legal mark of an individual, handwritten by that individual, with the present intention to authenticate a writing in a permanent form.

(g) "Information" has the meaning given in 30-18-102, MCA.

(h) "Information processing system" has the meaning given in 30-18-102, MCA.

(i) "Record" has the meaning given in 30-18-102, MCA.

(j) "Signatory" means an individual who is authorized to sign, and who signs, a record submitted to the department's or EPA's electronic record receiving system, pursuant to an electronic subscriber agreement.

(k) "Valid electronic signature" means an electronic signature on an electronic record that has been created with an electronic signature device that the identified signatory is uniquely entitled to use for signing that record, when the device has not been compromised and the signatory is an individual person who is authorized to sign the record by virtue of legal status or relationship to the entity on whose behalf the signature is executed.

History: 30-18-118, MCA; IMP, 30-18-102, 30-18-117, MCA; NEW, 2011 MAR p. 1135, Eff. 6/24/11.