Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
322.290(13),
322.340
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
322.340 and
322.290(13)
require the board to promulgate administrative regulations regulating the
design of seals and the use of seals and signatures in electronic transactions.
This administrative regulation establishes the requirements for the use of
seals and signatures in electronic transactions.
Section 1. Definitions.
(1) "Digital signature" means a signature
generated electronically:
(a) With an
authentication process attached to or logically associated with an electronic
document; and
(b) That carries the
same weight, authority, and effect as an original signature.
(2) "Document" means a report,
specification, drawing, plan, or plat in physical form pertaining to
engineering or land surveying that requires certification by application of a
seal or stamp, a signature, and a date.
(3) "Electronic document" means an electronic
data file capable of being viewed by use of a computer and video monitor or
converted into a document by use of a computer and printer or
plotter.
(4) "Electronic
transmission" means the transmission of electronic data files from one (1)
computer to another, and includes the manual delivery of electronic data
storage media from one (1) person or entity to another.
(5) "Licensee" means a person licensed as a
professional engineer or professional land surveyor pursuant to KRS Chapter
322.
(6) "Original seal or stamp"
means a rubber stamp or embossing seal meeting the design requirements
established in Section 5 of this administrative regulation.
(7) "Original signature" means the
handwritten name of a person applied to a document that identifies the person,
serves as a means of authentication of the contents of the document, provides
responsibility for the creation of the document and provides for accountability
for the contents of the documents.
(8) "Signature" means either original
signature or digital signature.
Section 2.
(1) If a document will be presented to a
client or to a public or governmental entity, at least one (1) copy shall bear
the licensee's original seal or stamp, original signature, and date.
(2) Any other copy of the document may
contain a facsimile of the licensee's stamp, signature, and date applied
manually by the use of stamps or by the use of a computer and printer or
plotter.
Section 3. A
digital signature shall be permitted in place of an original seal, signature,
and date if:
(1) The digital signature is a
unique identification of the licensee;
(2) The digital signature is
verifiable;
(3) The digital
signature is under the licensee's direct and exclusive control;
(4) The digital signature is linked to the
electronic document in a manner that causes changes to be easily determined and
visually displayed if any data in the electronic document file is changed
subsequent to the digital signature having been affixed to the electronic
document;
(5) An attempt to change
the electronic document after the digital signature is affixed shall cause the
digital signature to be removed or altered significantly enough to invalidate
the digital signature; and
(6) In
the case of an electronic document to be electronically transmitted, the
electronic document is converted to a read-only format.
Section 4.
(1) A licensee may electronically transmit an
electronic document without affixing a digital signature if there is inserted
the following language in lieu of an image of a seal or stamp, signature, and
date: "This shall not be considered a certified document."
(2) This language shall not be required for a
document electronically transmitted to a commercial printer or blueprint
service for the purpose of reproducing documents or to the licensee's employer
or employees.
Section 5.
Approved Stamps and Seals. The stamps and seals used by a licensee shall be
similar in design and conform to the size restrictions established in Approved
Stamps and Seals,1999.
Section 6.
Incorporation by Reference.
(1) "Approved
Stamps and Seals", 1999, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS 322.290(4),
(13),
322.340