NAC720.920. Rebuttable presumptions.

For the purposes of an administrative hearing conducted pursuant to this chapter or any other adjudication of a dispute involving a digital signature, there is a rebuttable presumption that:

     1. A certificate that has been:

     (a) Digitally signed by a recognized certification authority; and

     (b) Published in a recognized repository or otherwise made available by the certification authority who issued the certificate or the subscriber identified in the certificate,

Ê has been issued by that certification authority and accepted by that subscriber.

     2. The information set forth in a valid certificate and confirmed by the certification authority who issued the certificate is accurate.

     3. If a digital signature is verified by the public key set forth in a valid certificate:

     (a) The digital signature is the digital signature of the subscriber identified in that certificate;

     (b) The digital signature was affixed by that subscriber with the intention of signing the message;

     (c) The message associated with the digital signature has not been altered since the signature was affixed; and

     (d) The recipient of that digital signature has no notice or knowledge that:

          (1) The subscriber has breached any term of his or her promise pursuant to NAC 720.530; or

          (2) The signer does not rightfully hold the private key used to create the digital signature.

     4. A digital signature was created before it was time stamped by a disinterested person using a trustworthy system.

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