OAR 735-018-0065. Use of Electronic Signatures by Businesses and Dealers in Vehicle Transactions

(1) This rule establishes the standards under which a business or vehicle dealer may use an electronic signature on documents submitted directly to DMV or through a DMV integrator, as defined in ORS 802.600, for vehicle title and registration transactions. (2) For the purposes of this rule: (a) "Business" includes a vehicle dealer in another jurisdiction, leasing company, financial institution, insurance company or other business involved in vehicle sales or transfer of ownership or interest. (b) "Electronic signature" has the meaning given the term in ORS 84.004. (c) “Manual signature” means a handwritten signature on paper. (d) “Printed submission” means: (A) A document that has been electronically signed and submitted to DMV by a business or vehicle dealer, either printed as a paper hardcopy or submitted electronically; or (B) A document that has been electronically signed and submitted to an integrator, as defined in ORS 802.600, by a business or vehicle dealer either as a paper hardcopy or submitted electronically. (e) "Vehicle dealer" means a person who holds a vehicle dealer certified issued under ORS 822.020. (3) An electronic signature submitted under this rule must: (a) Comply with ORS Chapter 84 (Uniform Electronic Transactions Act); (b) Be applied using a computer or electronic device; and (c) Be submitted as a printed submission. (4) With the exception of a vehicle title, all vehicle title and registration application documents that contain an electronic signature may be submitted directly to DMV or to DMV through an integrator. (5) If DMV determines that an electronic signature on a submitted document does not meet the standards described in section (3) of this rule, DMV may: (a) Reject the document; or (b) Cancel the title, registration, or both that were issued as a result of the submission. (6) If DMV or the integrator questions the validity or authenticity of a signature, DMV or the integrator may request records pertaining to the signature from the business or vehicle dealer. (7) Any document submitted under this rule that contains an electronic signature is deemed to satisfy any requirement for submitting an original document for purposes of the Oregon Vehicle Code and implementing administrative rules. (8) All records and associated information used to accurately reproduce, authenticate, or confirm the validity of a signature must be retained in electronic or physical form for five years, unless the document is required by Oregon law to be retained for a longer period.