Ala. Admin. Code r. 305-0-3-.01

Current through Register Vol. 43, No. 1, October 31, 2024
Section 305-0-3-.01 - Legal Basis

The Alabama Uniform Electronic Transactions Act ("UETA"), Section 8-1A-1 et seq. of the Code of Ala. 1975, enacted in 2002, Is intended to facilitate the use of electronic signatures and other records in business, commercial, and governmental transactions. The Act promotes, but does not require, the use of electronic signatures and creation of electronic documents. Section 8-1A-18(a) provides that "each government agency of this state with rule-making authority...may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures." Section 8-1A-12(a) provides that an electronic record meets other state law requirements for record retention if the electronic record both accurately reflects the original document and is accessible for later reference. Section 8-1A-12(f) provides that a record retained as an electronic record satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless otherwise prohibited by law. Section 8-1A-12(g) provides that additional requirements for record retention on agencies may be placed on agencies by the State Records Commission, Local Government Records Commission, or other governmental agencies.

Ala. Admin. Code r. 305-0-3-.01

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 08, May 28, 2021, eff. 7/12/2021.

Authors: Kevin W. Blackburn, Clay Weaver

Statutory Authority:Code of Ala. 1975, §§ 8-1A-7, 8-1A-12, 8-1A-13, 8-1A-17, 8-1A-18.