DAR File No. 37658

Administrative Services, Archives

Rule R17-7

Archival Records Care and Access at the State Archives

Notice of Proposed Rule

(Amendment)

DAR File No.: 37658
Filed: 05/28/2013 01:38:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A section of this rule no longer meets the need it was anticipated to serve and therefore will be removed. An amendment in Section R17-7-3 is added to give the public instruction to adhere to the guidance of reference staff in the research room. Other typographical changes in Section R17-7-4 are made to clarify the language of the rule.

Summary of the rule or change:

Section R17-7-5 is removed from the rule. An amendment in Section R17-7-3 gives the research room staff the authority to make sure patrons follow the instructions of the reference staff. Other minor typographical changes in Section R17-7-4 are made to ensure clarity of the language.

State statutory or constitutional authorization for this rule:

• Section 63A-12-104

Anticipated cost or savings to:

the state budget:

There will be no change to state budget as a result of the amendment of this rule. There was no cost to the addition of this section to the rule and there will be none to its removal. The rule affects classification of records already in the custody of the Archives.

local governments:

There will be no change to any local government budget as a result of the amendment of this rule. There was no cost involved in the addition of this section to the rule and there will be no cost involved in its removal. The rule affects only records already in the custody of the Archives.

small businesses:

Small business are not affected by the amendment of this rule. The rule was amended for government agencies to classify records in the custody of the Archives. There will be no affect on small businesses as a result of this amendment.

persons other than small businesses, businesses, or local governmental entities:

Persons are not affected by the amendment of this rule. The possibility for classification of records by the Archives remains within its jurisdiction and small business are not affected by this rule or the amendment.

Compliance costs for affected persons:

Persons are not affected by the amendment of this rule. The possibility for classification of records by the Archives remains within its jurisdiction and small business are not affected by this rule or the amendment.

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

This bill has no fiscal impact on business.

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:

• Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at [email protected]

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:

07/15/2013

This rule may become effective on:

07/22/2013

Authorized by:

Kimberly Hood, Executive Director

R17. Administrative Services, Archives and Records Service.

R17-7. Archival Records Care and Access at the State Archives.

R17-7-1. Authority and Purpose.

In accordance with Subsection 63A-12-104(1), this rule establishes a procedure for the care and access of records in the custody of the State Archives, including classification or reclassification.

 

R17-7-2. Custody of Records, Care and Access.

(1) The State Archives accepts records which are placed in the official custody of the State Archivist in accordance with Sections 63G-2-604, 63A-12-102, 63A-12-103, and 63A-12-105.

(2) Records in the State Archives are available for public use in the State Archives insofar as use of the records is not restricted by law.

(3) Except as otherwise provided by law, records may not be removed or loaned for research use outside the State Archives.

 

R17-7-3. Access to Records.

(1) Records are made available for public use in the State Archives Research Center. Patrons must observe Research Center procedures for the protection and control of the records.

(2) Patrons are required to register to use the Research Center and Research Center staff may require patrons to provide photographic identification.

(3) Patrons shall only use a pencil when making personal notes, shall not mark public records, and shall maintain the original order of the public records consulted.

(4) Persons may not smoke, drink, or eat in the Research Center.

(5) Patrons may take only paper and research materials into the Research Center. Patrons must check brief cases, purses, backpacks, or similar items at the desk before entering the research area.

(6) Patrons shall use care in handling fragile materials. Patrons shall not alter, mutilate, or otherwise deface public records and are required to adhere to the instructions of reference staff.

(7) Patrons may not remove government records from the Research Center.

(8) Patrons may only use equipment and resources in the Research Center for the purposes of research associated with the Utah State Archives or Utah State History.

 

R17-7-4. Enforcement.

(1) If a patron violates R17-7-3, Research Center staff may issue a verbal warning.

(2) If, after an unheeded warning, or if there is risk of immediate or severe damage to records, staff may request the patron to leave immediately.

(3) If a patron fails to promptly comply with staff request to leave, staff may request assistance from building security personnel and from city police.

(4) These enforcement subsections do not limit the State Archives from performing its duties and enforcing these rules as otherwise allowed by law.

 

[R17-7-5. Classification.

(1) Upon receiving a request to classify or reclassify a record or information within a record that is in the official custody of State Archives, State Archives may provide notice to any existing governmental entity that has classified the record series or record.

(2) No later than three days after the date of the notice, the governmental entity may notify State Archives of any decision regarding the classification of the record or information within the record.

(3) If the governmental agency fails to notify State Archives of any decision, then State Archives must classify or reclassify the record or information within the record as required by law or may classify or reclassify the record or information as allowed by law.

 

]KEY: records retention, public information, access to information

Date of Enactment or Last Substantive Amendment: [May 17, 2010]2013

Notice of Continuation: May 28, 2013

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