2-20-108. Legal recognition for electronic contracts 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) An electronic contract valid under the Uniform Commercial Code is valid under this part.
     (3) In an administrative proceeding involving a contract signed by a secure electronic signature, it must be rebuttably presumed that the electronic contract has not been altered since the specific point in time to which the secure status relates.
     (4) The effect of presumptions provided in this section is to place on the party challenging the integrity of a secure electronic contract both the burden of going forward with evidence to rebut the presumption and the burden of persuading the trier of fact that the nonexistence of the presumed fact is more probable than its existence.
     (5) In administrative proceedings involving a contract signed by an electronic signature, the trier of fact shall weigh the reliability of information. In assessing the reliability of a contract 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 contract was signed; and
     (d) any other relevant information or circumstances.

     History: En. Sec. 8, Ch. 365, L. 1999.