Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.802 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(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.