New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 13 - PUBLIC RECORDS
Part 10 - RECORDS STORAGE AND ACCESS
Section 1.13.10.17 - DISPOSITION OF RECORDS STORED IN THE STATE RECORDS CENTER
Current through Register Vol. 35, No. 18, September 24, 2024
A. The records management division is responsible for reviewing and applying the appropriate retention to records brought in for storage. The records management division shall notify records custodians and chief records officer when the custodial agency's records are eligible for disposition.
B. The administrator shall provide the custodial agency with a report of records eligible for either destruction or transfer to the state archives. The notice shall contain but not limited to the following; name of agency; agency code; date; number of record series eligible for destruction; method of destruction; location, barcode; record series item number; shipment box number; shipment date; description; and inclusive record series dates.
C. The custodial agency shall assign one individual as chief records officer to coordinate the review of the notice of records eligible for either destruction or transfer to the state archives with all divisions of the custodial agency. Upon receiving a notification of records eligible for destruction the custodial agency's chief records officer shall review the report of records to be destroyed and respond by the established deadline.
D. The custodial agency may request an exception to remove records from destruction if; the records identified in the notice are involved in litigation; the records identified in the notice are involved in active investigation; or the records identified in the notice are involved in an audit. The custodial agency shall submit the request for an exception in writing to the administrator and cite the exception (e.g., pending litigation, audit in process, audit pending, etc.).
E. The destruction notice shall have the written approval from the administrator with the written consent of the records custodian or designated chief records officer prior to the execution of the destruction.
F. If an agency does not respond to the notice of records eligible for destruction by the established deadline, the administrator shall charge the custodial agency a storage fee for the storage of records that are eligible for destruction. In addition, the return of withdrawn boxes, storage and disposition services will be suspended. For information on the fee schedule see 1.13.2 NMAC.
G. Records currently stored requiring legal holds must be identified by the agency in writing and permanently removed from the record center if the legal hold last longer than five years. Failing to do so will result in the agency being denied additional storage space.
