New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter N - Public Records And Department Publications
Part 188 - State Government Archives And Records Management
Section 188.12 - Emergency destruction of records

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 188.12

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Whenever an agency has in its custody any records that are considered by the records management officer of that agency to be in such a condition that they constitute a menace to human safety or health or to property, the records management officer of such agency may request from the director authorization to destroy or dispose of such records immediately, indicating the conditions which make such immediate destruction or disposal necessary.

(b) The director, as soon as possible after receipt of an emergency request to destroy or dispose of records, shall advise the Attorney General and the State Comptroller, or their designees, of the need for the immediate destruction or disposal of the records in question.

(c) The Attorney General and the State Comptroller, or their, designees, when notified by the director of the request for emergency destruction of records, may immediately notify the director that they have no objection to the destruction or disposal proposed. Upon receiving such notification, the director may authorize the immediate destruction or disposal of such records.

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