Current through September 18, 2024
65 IAC 1-7-4 Use of electronic or
digital signatures
Authority: IC 25-21.5-2-14
Affected: IC 25-21.5
Sec. 4.
(a) This
section establishes the requirements for the use of seals and signatures in
electronic transactions.
(b) The
following definitions apply throughout this section:
(1) "Document" means a:
(A) report;
(B) specification;
(C) drawing;
(D) plan; or
(E) plat;
in physical form pertaining to land surveying that requires
certification by a registered land surveyor by application of a seal or stamp,
a signature, and a date.
(2) "Electronic document" means an electronic
data file that is capable of being:
(A) viewed
by use of a computer and video monitor; or
(B) converted into a document by use of a
computer and printer or plotter.
(3) "Electronic seal" means a digital
facsimile of an original seal.
(4)
"Electronic signature" means a digital signature associated with an electronic
document that shall carry the same:
(A)
weight;
(B) authority;
and
(C) effect;
as an original signature.
(5) "Electronic transmission" means the
transmission of electronic data files from one (1) computer to another. The
term includes the manual delivery of electronic data storage media from one (1)
person or entity to another.
(6)
"Original seal" means a:
(A) rubber
stamp;
(B) electronic stamp;
or
(C) embossing seal;
meeting the design requirements set out in section 1 of this
rule.
(7)
"Original signature" means the signature of a registrant affixed to a document
in accordance with section 2 of this rule.
(8) "Registrant" has the meaning set forth in
865 IAC
1-1-1(7).
(9) "Signature" means either:
(A) original; or
(B) electronic;
signature.
(c)
An electronic signature and seal shall be permitted in place of an original
seal and signature when the following criteria are met:
(1) The electronic signature and seal are as
follows:
(A) The unique identification of the
registrant.
(B)
Verifiable.
(C) Attached to or
associated with the electronic document in such a manner that is clear to the
recipient that they represent the signature and seal of the registered land
surveyor.
(2) The
electronic signature is under the registrant's direct control.
(3) The registrant maintains a permanent
digital copy of the electronically transmitted document for future verification
purposes.
(d) A
registrant may electronically transmit an electronic document without affixing
an electronic signature provided there is inserted the following language
instead of an image of a seal, signature, and date:
(1) "Not a Certified Document"; or
(2) "Pro Forma Survey"; as appropriate. This
language shall not be required for documents electronically transmitted to a
commercial printer or blueprint service for the purpose of reproducing
documents or to the registrant's own employer or employees.
