§411. Retention of records; actions for recovery of records
A. The secretary, acting through the state archivist, shall establish standards for the
retention of records of continuing value, and monitor state and local agencies in the
application of such standards to all records in their custody. To facilitate this application:
(1) The head of each agency shall submit to the state archivist, in accordance with
the policies, rules, and regulations prescribed by the secretary and the implementational
standards and procedures established by the state archivist, schedules proposing the length
of time each state record series warrants retention for administrative, legal, or fiscal purposes
after it has been created or received by the agency.
(2) The head of each agency shall also submit to the state archivist lists of state
records in the custody of that agency which are no longer required for the transaction of
current business and which lack sufficient administrative, legal, or fiscal value to warrant
further retention and request that the state archivist authorize appropriate disposal.
(3) Upon termination of employment with the state, unless otherwise directed by law,
each agency head prior to transfer of his records to a successor, shall notify the state archivist
to arrange for an appraisal to determine which record or records series should be retained in
the agency office and which should be transferred to the custody of the division for
permanent retention.
(4) The records of any state agency, upon termination of its existence or functions,
shall automatically be transferred into the custody of the division, unless otherwise directed
by law.
B. The secretary, acting through the state archivist, shall also notify the head of any
such agency of any actual, impending, or threatening unlawful removal, defacing, alteration,
or destruction of records in the custody of such agency that shall come to his attention, and
initiate action through the attorney general for the recovery of such records as shall have been
unlawfully removed and for such other redress as may be provided by law. In any case in
which records or other materials of actual or potential archival significance are determined
by the state archivist to be in jeopardy of destruction or deterioration, and such material is
not essential to the conduct of daily business in the agency of origin, the secretary shall have
authority to require and schedule transfer of said records to the physical and legal custody
of the division and the state archivist.
C. To ensure that the above enumerated reports and notifications are submitted and
implemented, the chief executive officer of each state agency shall designate annually a
records officer to act as liaison between the division and the agency on all matters relating
to records management.
Acts 1956, No. 337, §11; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No.
213, §1, eff. June 11, 2021.