W. Va. Code R. § 153-42-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-42-3 - Retention Schedule

3.1. As authorized by the code, the Secretary of State shall create a retention schedule for essential public records and make it available for public inspection in the Secretary of State's Office. The Secretary of State shall develop the schedule in coordination with the Department of Administration and the Division of Culture and History, Archives and History section.

3.2. Disposition of documents is subject to:

3.2.a. Deference to the Division of Culture and History, Archives andHistory section of documents before disposal;

3.2.b. The resolution of all known investigations or court cases involving the listed records before the records can be destroyed. Knowledge of subpoenas, investigations, or litigation that reasonably may involve the listed records suspends any disposal or reformatting processes until all issues are resolved;

3.2.C. The settlement of all known audits and audit discrepancies regarding the listed records before the records can be destroyed; and

3.2.d. The interest of other agencies or state institutions. Documents may be transferred with consent of the Secretary of the Department of Administration and the Director of Archives and History.

3.3. The Secretary of State shall maintain updated division schedules.

3.3.a. Each schedule shall be produced in accordance with proper records management principles and statutes as defined by relevant organizations and legislative bodies.

3.3.b. Each schedule shall identify records as an Active Record, Inactive Record, Archival Record, Transitory Records or Non-record;

3.3.c. Each schedule shall require archived records to be of archival quality. When creating electronic records, divisions shall use an electronic imaging system capable of producing archival records that allow for the copying or converting of the electronic records to maintain a permanent archival quality record.

3.3.d. Each schedule shall be reviewed and re-authorized 10 years from its initial adoption or any subsequent re-authorizations.

W. Va. Code R. § 153-42-3