1. (1) A “Digital Seal and Signature” is a signature and electronic authentication process that is attached to an electronic document.
2. (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. (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:

   1. (a) The digital signature is unique to the registrant using it;
   2. (b) The digital signature is independently verifiable by a Certificate Authority (3rd Party);
   3. (c) The digital signature is under the sole control of the registrant using it;
   4. (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;
   5. (e) The electronic file that is the final electronic document contains one digital signature that is permanently linked to it; and,
   6. (f) The computer-generated image of a seal must be of a stamp as described in OAR 820-025-005(1) and (2), and must be at least 2 inches from point to point when the page is printed;
   7. (g) 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), and must be at least 2 inches from point to point when the page is printed; and,
   8. (h) For final electronic files containing multiple pages, 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. 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.

Statutory/Other Authority

ORS 670.310 & 672.255

Statutes/Other Implemented

ORS 672.002 - 672.325

History

BEELS 3-2024, amend filed 09/11/2024, effective 09/11/2024
BEELS 2-2019, amend filed 01/14/2019, effective 01/14/2019
BEELS 7-2015, f. & cert. ef. 9-16-15