2-20-106. Legal recognition for certain electronic records and electronic signatures in administrative proceedings. (1) This section applies only to contested case proceedings held pursuant to the Montana Administrative Procedure Act or a similar procedure held before a state agency in which rights are determined or duties are enforced on a case-by-case basis.
     (2) If a rule of law requires a record to be written or in writing or provides for certain consequences if the record is not written or in writing, an electronic record satisfies that rule of law.
     (3) If a rule of law requires a signature or provides for certain consequences if a record is not signed, an electronic signature satisfies that rule of law.
     (4) If all parties to a transaction agree to the use of an electronic record or electronic signature, the electronic record or electronic signature may not be denied legal effect, validity, or enforceability solely on the grounds that it is electronic or on the grounds that it is not original.
     (5) The trier of fact shall weigh the reliability of information in the form of an electronic record or electronic signature. In assessing the reliability of an electronic record or electronic signature when its authenticity is in issue, the trier of fact may consider:
     (a) the manner in which it was generated, stored, or communicated;
     (b) the reliability of the manner in which its integrity was maintained;
     (c) the manner in which its originator was identified or the electronic record was signed; and
     (d) any other relevant information or circumstances.

     History: En. Sec. 6, Ch. 365, L. 1999.