Ohio § 1306.20

§ 1306.20.

(A) Subject to section 1306.11 of the Revised Code , each state agency shall determine if, and the extent to which, it will send and

receive 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. (B)(1) Subject to division (B)(2) of this section, a state agency may waive a requirement

in the Revised Code, other than a requirement in sections 1306.01 to 1306.15 of the Revised Code , that relates to any of the following: (a) The method of posting or displaying records; (b) The manner of sending, communicating, or transmitting records; (c) The manner of formatting records. (2) A state agency may exercise its authority to waive a requirement under division (B)(1)

of this section only if the following apply: (a) The requirement relates to a matter over which the state agency has jurisdiction; (b) The waiver is consistent with criteria set forth in rules adopted by the state agency.  The criteria, to the extent reasonable under the circumstances, shall contain standards

to facilitate the use of electronic commerce by persons under the jurisdiction of

the state agency consistent with rules adopted by the department of administrative

services pursuant to division (A) of section 1306.21 of the Revised Code . (C) If a state agency creates, uses, receives, or retains electronic records, both of

the following apply: (1) Any rules adopted by a state agency relating to electronic records shall be consistent

with rules adopted by the department of administrative services pursuant to division (A) of section 1306.21 of the Revised Code . (2) Each state agency shall create, use, receive, and retain electronic records in accordance

with section 149.40 of the Revised Code . (D) If a state agency creates, uses, or receives electronic signatures, the state agency

shall create, use, or receive the signatures in accordance with rules adopted by the

department of administrative services pursuant to division (A) of section 1306.21 of the Revised Code . (E) To the extent a state agency retains an electronic record, the state agency may retain

a record in a format that is different from the format in which the record was originally

created, used, sent, or received only if it can be demonstrated that the alternative

format used accurately and completely reflects the record as it was originally created,

used, sent, or received. (F) Whenever any rule of law requires or authorizes the filing of any information, notice,

lien, or other document or record with any state agency, a filing made by an electronic

record shall have the same force and effect as a filing made on paper in all cases

where the state agency has authorized or agreed to such electronic filing and the

filing is made in accordance with applicable rules or agreement. (G) Nothing in sections 1306.01 to 1306.23 of the Revised Code shall be construed to require any state agency to use or permit the use of electronic

records and electronic signatures. (H) For the purposes of this section, “ state agency ” means every organized body, office, or agency established by the laws of the state

for the exercise of any function of state government, but does not include the general

assembly, any legislative agency, the supreme court, the other courts of record in

this state, any judicial agency, or any state university identified in section 3345.011 of the Revised Code , or the northeast Ohio medical university. (I) A state university identified in section 3345.011 of the Revised Code , and the northeast Ohio medical university, that uses or permits the use of electronic

records or electronic signatures on September 16, 2014, shall, within six months after

September 16, 2014, adopt rules in accordance with section 111.15 of the Revised Code to provide for the use or permission to use electronic records or electronic signatures.  A state university identified in section 3345.011 of the Revised Code , and the northeast Ohio medical university, if not using or permitting the use of

electronic records or electronic signatures on September 16, 2014, shall adopt rules

in accordance with section 111.15 of the Revised Code when it elects to begin using or permitting the use of electronic records or electronic

signatures.