17.4.804 ELECTRONIC SUBSCRIBER AGREEMENT
(1) Before submitting an electronic record pursuant to a specific rule of the board or department or a department permit or license condition that allows submission of electronic records in lieu of paper documents and that requires conformance with this subchapter, a person shall first execute a written electronic subscriber agreement on a form provided by the department and submit the original signed paper agreement by U.S. Mail or hand delivery to the department staff member designated in the rule, permit, or license.
(2) The agreement form may be obtained from the department or downloaded and printed from the department's web site and must include the following agreements by each person who will submit electronic records:
(a) to protect the person's account security information and any required electronic signature device from compromise and from use by anyone other than that person;
(b) to contact the department staff member designated in the rule, permit, or license as soon as possible, but no later than one business day, after suspecting or determining that the person's account security information or any required electronic signature device has become lost, stolen, or otherwise compromised;
(c) to review the contents of all electronic submissions prior to submission;
(d) to be held as legally bound, obligated, or responsible by the submittal and content of electronic records as by the submittal and content of the paper documents for which the electronic records are substituted;
(e) for a person submitting an electronic record for which a signature is required, to be obligated and legally bound by use of an electronic signature in the same manner as with a handwritten signature;
(f) to contact the department staff member designated in the rule, permit, or license within five business days after submitting an electronic record pursuant to this subchapter if the person submitting the record does not receive an electronic notification identifying the record received, the signatory or other person submitting the record, and the date and time of receipt;
(g) if the person represents any person or entity other than himself or herself as an individual, to notify the department staff member designated in the rule, permit, or license if the person ceases to represent the other person or entity, as soon as this change in relationship occurs; and
(h) to retain a copy of the electronic subscriber agreement as long as the person is a signatory, or otherwise is responsible, for electronic submissions to the department or EPA pursuant to this subchapter.
(3) The identity and authority of each person submitting an electronic subscriber agreement must be verified by the department. After the department has completed the verification, the department shall notify the person electronically, forward account security information, as applicable, and issue an electronic signature device to the person, if the person will be submitting records for which a signature is required.
History: 30-18-118, MCA; IMP, 30-18-117, MCA; NEW, 2011 MAR p. 1135, Eff. 6/24/11.