No. 31554 (New Rule): R17-6. Records Storage and Disposal at the State Records Center

DAR File No.: 31554
Filed: 06/12/2008, 02:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of State Archives decided in 2007 that it needed to establish rules to clarify the procedures it was implementing concerning government records.

Summary of the rule or change:

This rule establishes a procedure for the storage and disposal of government records. It defines the responsibilities of the Archives and state agencies for records storage and disposal.

State statutory or constitutional authorization for this rule:

Subsection 63A-12-104(1)

Anticipated cost or savings to:

the state budget:

There could be a savings to a state agency if it utilizes the State Records Center. The cost savings would be in the form of storage costs and cost for personnel to destroy records that have met their retention.

local governments:

There could be a savings to a local government if it utilizes the State Records Center. The cost savings would be in the form of storage costs and cost for personnel to destroy records that have met their retention.

small businesses and persons other than businesses:

There is not a savings or cost anticipated for small businesses and persons since they are not allowed to store records at the State Records Center.

Compliance costs for affected persons:

There could be a savings to governmental entities if they utilize the State Records Center. The cost savings would be in the form of storage costs and cost for personnel to destroy records that have met their retention.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is not a cost or savings anticipated for businesses since they are not allowed to store records at the State Records Center. Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Archives
346 S RIO GRANDE
SALT LAKE CITY UT 84101-1106

Direct questions regarding this rule to:

Janell Tuttle at the above address, by phone at 801-531-3864, by FAX at 801-531-3867, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Patricia Smith-Mansfield, Director

RULE TEXT

R17. Administrative Services, Archives and Records Service.

R17-6. Records Storage and Disposal at the State Records Center.

R17-6-1. Authority and Purpose.

In accordance with Subsection 63A-12-104(1), this rule establishes a procedure for the storage and disposal of records at the State Records Center.

 

R17-6-2. Records Storage and Disposal -- Agency Responsibility.

(1) An agency may transfer semi-active records to the Records Center for storage.

(2) Prior to transfer, the agency must verify that records have a State Archives record series number, an approved retention schedule, and have met all in office retention requirements.

(3) Records stored in the State Records Center remain in the official custody of the agency that transferred them.

(4) In the event that an agency has not transferred records to the Records Center, it is the agencies responsibility to manage, maintain, and destroy records in its custody in accordance with the records series' approved retention schedule and to document the records destruction.

 

R17-6-3. Records Storage and Disposal -- Archives Responsibility.

(1) The State Archives stores semi-active records with a scheduled retention of less than 100 years at the State Records Center in accordance with the approved retention schedule. The State Records Center may accept records for which a proposed retention has been presented to the State Records Committee with the provision that if the committee does not approve the retention, the records will be returned to the agency.

(2) The State Archives destroys records stored at the Records Center in accordance with the approved retention schedule and upon authorization from the creating agency. If the creating agency does not respond to the second request for authorized destruction within ninety (90) days, the records may be returned to the agency.

(3) In the event that a record has met its scheduled retention requirements and the Records Center is unable to locate an authorized agency to provide destruction approval, the records will become the official custody of the Utah State Archives and the archivist will determine the disposition of the records.

 

KEY: records retention, public information, access to information

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 63A-12-104