NAC720.760. Public agency: Acceptance and use of digital signature; confidentiality of private key.

     1. Except as otherwise provided by a specific statute or regulation, a public agency shall not accept a digital signature as a substitute for a handwritten or facsimile signature unless the digital signature is verified by a valid certificate.

     2. Except as otherwise provided in subsection 3 or by a specific statute or regulation, a public agency shall not use a digital signature to conduct official public business unless the digital signature is verifiable with reference to a public key set forth in a valid certificate that identifies the public agency as the subscriber. A public agency may become the subscriber of a certificate issued by a recognized certification authority to conduct through electronic messages any official public business for which any statute or regulation requires the signature of an officer, employee or other agent of the public agency.

     3. Subsection 2 does not apply to the use of a digital signature for internal procedures of a public agency unless otherwise required by a specific statute, regulation or court rule, or by the office of financial management, training and controls of the Department of Administration.

     4. A private key held by a public agency or any person on behalf of a public agency, and any information that identifies such a private key are confidential.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)