41-1954.01. Electronic communication by department; applicability

A. Notwithstanding any law to the contrary, any agency, division, program or part of the department or its agents that are required to provide administrative orders, notices, decisions or letters to an applicant, claimant, recipient, employer or client may send administrative orders, notices, decisions or letters by electronic means if the party being served or notified consents.

B. Consent may be obtained in writing on a form approved by the department, verbally on the record in a hearing or electronically through the department's website by the applicant, claimant, recipient, employer or client following an affirmative consent procedure. At the time of consent, the party must be advised of the nature of the notices to be delivered or served, the legal consequence of the choice and the right to revoke the consent. Consent may be provided for a proceeding or for notices provided on an ongoing basis.

C. Delivery or service by electronic means is complete on transmission unless it is established that delivery or transmission of the electronic document failed due to department error or failure of the recipient to receive the electronic document for any other reason outside the control of the recipient.

D. Consent may be revoked in writing to the department or by following an affirmative revocation procedure established on the department's website.

E. If the department receives electronic notice that the electronic address to which the administrative order, notice, decision or letter is being sent is no longer valid or is otherwise not functioning, the department shall deem the consent to electronic notice to have been revoked and the order, notice, decision or letter shall be served by mail.

F. This section is limited to notices, decisions and orders required for services and programs in the division of benefits and medical eligibility, the division of child support enforcement and the division of employment and rehabilitation services, or their successor divisions, in the department. This section does not apply to a notice that is required in connection with litigation before a court of record in this state.