WSR 01-09-017

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed April 6, 2001, 2:53 p.m. ]

Date of Adoption: March 22, 2001.

Purpose: To implement WAC 196-23-070 which defines signature as both a handwritten identification and a digital identification. The rule clarifies what a handwritten identification is in order to reduce confusion that has existed on this issued in the past. By including digital identification as a form of signature, licensed engineers and land surveyors will be able to incorporate digital identification technology into their electronic documents such as maps, plans, specifications, reports, records-of-survey, etc. This will allow them [to] send such documents electronically and still meet the requirement to sign work done by them or under their direct supervision.

Statutory Authority for Adoption: RCW 18.43.035.

Adopted under notice filed as WSR 01-04-050 on February 2, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

April 5, 2001

George A. Twiss

Executive Director


NEW SECTION
WAC 196-23-070   Signature.   The terms "signature or signed", as used in chapter 18.43 RCW and/or Title 196 WAC, shall mean the following:

(1) A handwritten identification that represents the act of putting one's name on a document to attest to its validity. The handwritten identification must be:

(a) Original and written by hand;

(b) Permanently affixed to the document(s) being certified;

(c) Applied to the document by the identified registrant.

(2) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification must be:

(a) Unique to the registrant using it;

(b) Capable of independent verification;

(c) Under the exclusive control of the registrant using it;

(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed;

(e) In conformance with the definition of "digital signature" as it appears in chapter 19.34 RCW, Washington Electronic Authentication Act.

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Washington State Code Reviser's Office