N.Y. Comp. Codes R. & Regs. tit. 8 § 188.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 188.7 - Review of agency proposals for records disposition authorization

(a) In reviewing agency records disposition proposals, the State Archives shall consider the submitting agency's statutory functions and responsibility. To be approved, the proposal shall demonstrate:

(1) that records are kept for a length of time sufficient to meet administrative, legal and fiscal requirements; and

(2) that records of temporary administrative, legal and fiscal value are disposed of in accordance with sound records management practices. When warranted, the State Archives shall review selected records disposition proposals to determine whether the records are archival records and warrant preservation in an archives facility.

(b) The State Archives, with the consent of the agency records management officer, may revise a records disposition proposal prior to taking final action to authorize disposition.

(c) At least 40 days prior to authorizing an agency records disposition proposal, the State Archives shall forward a copy to the offices of the Attorney General and State Comptroller for their review. The attorney general or a designee shall determine if the proposed records retention period meets legal requirements. The State Comptroller or a designee shall determine if the proposed records retention period meets fiscal and audit requirements. No authorization to destroy records will be issued by the director if either the Attorney General or the State Comptroller, within 30 days after receiving a request, shall advise the State Archives that such records should not be destroyed according to the proposed schedule or plan.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 188.7