DAR File No. 38062

Administrative Services, Archives

Section R17-6-3

Records Storage and Disposal -- Archives Responsibility

Notice of Proposed Rule

(Amendment)

DAR File No.: 38062
Filed: 10/16/2013 12:33:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reference to a period of time such as less than 100 years is deleted as not essential to the definition of semi-active records. Regardless of the period of retention, records may be stored at the Records Center and then either destroyed or moved to the Archives if they are to be kept permanently. If the Records Center is unable to locate an authorized agency or if an agency is obsolete, the records will become the official custody of the Archives and the State Archivist will determine the disposition of the records.

Summary of the rule or change:

This rule summarizes the responsibilities of the State Archives with regards to the storage and disposition of the records created and maintained by governmental entities. The records are governed by approved retention schedules. Creating agencies have a responsibility to authorize destruction of the records in accordance with approved retention schedules or to accept their maintenance. Lacking authorization from the creating agency or if the Records Center cannot locate an authorized agency, or if an agency has become obsolete, the records become the custody of the Utah State Archives and the State Archivist will determine their disposition.

State statutory or constitutional authorization for this rule:

• Section 63A-12-101

Anticipated cost or savings to:

the state budget:

The state budget is not affected by these changes. The Records Center functions under the State Archives and stores semi-active records from agencies and governmental entities throughout the state regardless of changes to the storage and disposal of the records of particular agencies.

local governments:

Local governments may use the storage facilities of the Records Center in the same way as has been possible before the change in the rule. The change defines the responsibility of the State Archives to assume responsibility for the records when an authorizing agency is lacking.

small businesses:

Small businesses are not affected by the rule change. Because these are not substantive changes, are clarifying only, and because they had no original business impact, there will be no impact to business with any of these changes.

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

Persons are not affected by the rule change. Because these are not substantive changes, are clarifying only, and because they had no original impact, there will be no impact to persons as a result of these changes.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Because these are not substantive changes, are clarifying only, and because there were no original costs associated with the rule, there will be no costs for affected persons with these changes.

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

I have reviewed the changes and agree there is no impact to 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 smumford@utah.gov

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:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Kimberly Hood, Executive Director

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 agency's 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 or the agency is obsolete, the records will become the official custody of the Utah State Archives and the State [a]Archivist will determine the disposition of the records.

 

KEY: records retention, public information, access to information

Date of Enactment or Last Substantive Amendment: [August 20, 2008]2013

Notice of Continuation: May 17, 2013

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