N.J. Admin. Code § 15:3-5.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 15:3-5.1 - Registration ofimaging processing systems; purpose

(a) The Division, with the approval of the State Records Committee as established pursuant to P.L. 1953, c. 410 (N.J.S.A. 47:3-20), promulgated at N.J.A.C. 15:3-4, "standards, procedures and rules for image processing of public records for the preservation, examination and use of such records, including indexing and arrangement thereof," as required by P.L. 1953, c. 410 (N.J.S.A. 47:3-26) as amended, and P.L. 1994, c. 140 (N.J.S.A. 47:1-12). This subchapter sets forth procedures to be used by government agencies for the registration of image processing systems for public records and an annual review of the same per the provisions of P.L. 1994, c. 140, including section 6 of the same (N.J.S.A. 47:3-20, as amended), and N.J.A.C. 15:3-4.7. For purposes of this subchapter, "registration" means a process through which the Division determines whether image processing systems employed by government agencies comply with the requirements set forth at N.J.A.C. 15:3-4 and in so doing, enable the responsible government agencies to dispose of the original records that have been converted to images and stored on the systems.

(b)P.L. 1994, c. 140 amends section 12 of P.L. 1953, c. 410 (N.J.S.A. 47:3-26) and other sections of the New Jersey Statutes to allow the use of image processing systems for keeping public records under standards, procedures, and guidelines established by the Division, with the approval of the State Records Committee (see N.J.A.C. 15:3-4). Per Article 6 of P.L. 1994, c. 140 and N.J.A.C. 15:3-4.7 (e), the Division is required to review and approve image processing systems used by government agencies for public records, and to conduct annual reviews of said systems. This subchapter implements these requirements.

(c)P.L. 1994, c. 140 provides for the replacement of paper records and records on other media with copies of the records in image processing systems and for the disposal of the original records with the approval of the State Records Committee under certain conditions. The conditions for disposal of original records include conformance with established standards for image processing systems and any related record retention schedules approved by the State Records Committee and that such disposal is not contrary to any other State or Federal statutes or regulations. These conditions include that such systems conform to State standards for image processing systems for public records and an annual review to confirm the continued compliance of the same. Evidence of compliance with such standards shall be required by the State Records Committee prior to approval of disposal of public records on an image processing system.

(d) The intent of P.L. 1994, c. 140 is to ensure the preservation, integrity, and accessibility of public records in image processing systems through the establishment of relevant standards, procedures, and guidelines. The implementation of procedures for registration and review of image processing systems ensure the preservation of public records created and maintained on image processing systems and aid in the future in the migration of records and other data maintained on such systems to new record keeping systems or other record storage media.

(e) As long as these standards, procedures, and guidelines are followed, image-processed documents can be used in evidence in any court or proceeding in New Jersey with the same force and effect as the original public record. The implementation of procedures for registration and review of image processing systems ensure the continued evidentiary value of public records created and maintained on image processing systems.

N.J. Admin. Code § 15:3-5.1

Amended by47 N.J.R. 1345(b), Effective 6/15/2015

Amended by 49 N.J.R. 770(c), effective 4/17/2017