201 KAR 18:104. Seals and signatures.

 

      RELATES TO: KRS 322.290(13), 322.340

      STATUTORY AUTHORITY: KRS 322.340, 322.290(4), (13)

      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) "Document" means reports, specifications, drawings, plans or plats in physical form pertaining to engineering or land surveying which require certification by application of a seal or stamp, a signature and a date.

      (2) "Electronic document" means an electronic data file which is 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.

      (3) "Electronic signature" means a digital signature with an authentication process attached to or logically associated with an electronic document which shall carry the same weight, authority and effect as an original signature.

      (4) "Electronic transmission" means the transmission of electronic data files from one (1) computer to another, and shall include 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 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.

      (7) "Original seal or stamp" means a rubber stamp or embossing seal meeting the design requirements set out in Section 5 of this administrative regulation.

      (8) "Signature" means either original signature or electronic signature.

 

      Section 2. (1) When documents are to 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 documents 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. An electronic signature shall be permitted in place of an original seal, signature and date when the following criteria are met:

      (1) It is a unique identification of the licensee;

      (2) It is verifiable;

      (3) It is under the licensee’s direct and exclusive control;

      (4) It is linked to the electronic document in such 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 electronic signature having been affixed to the electronic document;

      (5) An attempt to change the electronic document after the electronic signature is affixed shall cause the electronic signature to be removed or altered significantly enough to invalidate the electronic signature; and

      (6) If the electronic document is 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 an electronic signature provided 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 documents 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. (29 Ky.R. 2999; Am. 30 Ky.R. 277; eff. 8-13-2003.)