Or. Admin. R. 820-025-0010 - Official Seal - Digital Seal and Signature for Electronic Final Documents

(1) A "Digital Seal and Signature" is a signature and electronic authentication process that is attached to an electronic document.

(2) A "Digital Seal and Signature" is not a photocopy, scanned copy, or other facsimile of a signed and sealed hard copy document, nor is it a copy or facsimile of a rubber stamp seal and ink signature, nor is it a copy of a computer-generated image of a seal and ink signature. Seals and signatures described in this subsection (2) of the rule are not allowed on final documents.

(3) For electronic final documents, a "Digital Seal and Signature" ("digital signature") is acceptable as an alternative to a stamped or computer-generated image of a seal with handwritten signature in permanent ink, if:

(a) The digital signature is unique to the registrant using it;

(b) The digital signature is independently verifiable by a Certificate Authority (3rd Party);

(c) The digital signature is under the sole control of the registrant using it;

(d) The digital signature is linked to the document in such a manner that the digital signature is invalidated if any data in the document is changed;

(e) The electronic file that is the final electronic document contains one digital signature that is permanently linked to it;

(f) For final electronic files containing a single page, the registrant affixes a computer-generated image of a stamp that bears the phrase "digitally signed" in lieu of and in the location designated for a hand-written signature on that page. The computer-generated image of the stamp must be of a stamp as described in OAR 820-025-0005(1) and (2), including the size prescribed in OAR 820-025-0005 when the page is printed to full size; and,

(g) For final electronic files containing multiple pages not considered drawings, surveys, or plats, the registrant affixes a computer-generated image of a stamp that bears the phrase "digitally signed" in lieu of and in the location designated for a hand-written signature to the title page, an index page, or a seals page, provided that the stamped page clearly identifies all the other pages comprising the electronic file. The computer-generated image of the stamp must be of a stamp as described in OAR 820-025-0005(1) and (2), including the size prescribed in OAR 820-025-0005 when the page is printed to full size.

Notes

Or. Admin. R. 820-025-0010

BEELS 7-2015, f. & cert. ef. 9/16/2015; BEELS 2-2019, amend filed 01/14/2019, effective 1/14/2019

Statutory/Other Authority: ORS 670.310 & 672.255

Statutes/Other Implemented: ORS 672.002 - 672.325