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 188.21 - Fees for records management services
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each agency shall pay to the State Education Department an annual fixed fee to support education and training, disposition analysis and review, technical assistance, and other records management advisory services provided by the State Archives. These fees are set on the basis of the total volume of records (active and inactive) in the custody of an agency; higher fees reflect a larger volume of records. Fees are assessed in accordance with the following schedule:
Audit and Control, Department of (Office of the State Comptroller)
Chief Information Officer/Technology, Office for
Correctional Services, Department of
Education Department
Health, Department of
Labor, Department of
Mental Health, Office of
Mental Retardation and Developmental Disabilities, Office of
Motor Vehicles, Department of
Taxation and Finance, Department of
Transportation, Department of
Workers' Compensation Board
Alcoholic Beverage Control, Division of
Criminal Justice Services, Division of
Environmental Conservation, Department of
General Services, Office of
Higher Education Services Corporation
Insurance Department
Law, Department of (Office of the Attorney General)
Parole, Division of
State Insurance Fund
Children and Family Services, Office of
Civil Service, Department of
Housing and Community Renewal, Division of
Military and Naval Affairs, Division of
Parks, Recreation and Historic Preservation, Office of
Public Service, Department of
State, Department of
State Police, Division of
State University of New York
Temporary and Disability Assistance, Office of
Agriculture and Markets, Department of
Alcoholism and Substance Abuse Services, Division of
Banking Department
Budget, Division of the
Dormitory Authority
Economic Development, Department of
Elections, State Board of
Empire State Development Corporation
Executive Chamber (Office of the Governor)
Human Rights, Division of
Lottery, Division of the
Power Authority of the State of New York
Probation and Correctional Alternatives, Division of
Racing and Wagering Board
Real Property Services, Office of
Thruway Authority
Adirondack Park Agency
Aging, Office for the
Agriculture and New York State Horse Breeding Development Fund
Arts, Council on the
Consumer Protection Board
Correction, Commission of
Crime Victims Board
Developmental Disabilities Planning Council
Domestic Violence, Office for the Prevention of
Emergency Management Office, State
Employee Relations, Office of
Energy Research and Development Authority
Environmental Facilities Corporation
Financial Control Board, New York State
Homeland Security, Office of
Housing Finance Agency
Housing Trust Fund Corporation
Hudson River Valley Greenway Communities Council
Inspector General, Office of the
Investigation, Temporary State Commission of
Judicial Conduct, Commission on
Lake George Park Commission
Law Revision Commission
Municipal Bond Bank Agency
Northeastern Queens Nature and Historical Preserve Commission
Public Employment Relations Board
Quality of Care and Advocacy for Persons with Disabilities, Commission on
Regulatory Reform, Office of
Science, Technology and Academic Research, Office of (New York State Foundation for Science, Technology and Innovation)
State of New York Mortgage Agency
State University Construction Fund
Tax Appeals and Tax Appeals Tribunal, Division of
Teachers' Retirement System
Theatre Institute Corporation, NYS
Thoroughbred Breeding and Development Fund Corporation, New York State
Tug Hill Commission
Veterans' Affairs, Division of
Welfare Inspector General, Office of the
(b) Each agency or unit of the judiciary that stores records in a records center facility shall pay annual fees for storage of such records. Such storage fees shall be in addition to the annual fixed fees required by subdivision (a) of this section. Fees for records center facility storage will be calculated based on the average monthly holdings of the records center facilities at $2.90 per item. An item is defined as a cubic foot for storage of paper records; a cartridge, tape or disk for storage of computer or other magnetic and optical media; a reel or equivalent microform for storage of microfilm; or other item handled.
(c) Annual fixed fees, unless waived by the director, will be assessed annually and are payable each State fiscal year. Records center facility storage fees will be assessed annually and are payable each State fiscal year. A waiver of the annual fixed fee may be granted if an agency's total State operations budget is less than $500,000 or if an agency no longer operates as an administratively separate unit of State government or if other extenuating circumstances exist that would make it unduly burdensome for an agency to pay such fee.
(d) The State Archives may also establish fees for central micrographics and imaging services. Such fees shall reflect the actual cost of carrying out such services.
(e) Revenue generated as the result of contracts administered by the State Archives for the recycling or other authorized disposal by sale of bulk quantities of State government records authorized for destruction shall be payable to the State Education Department to support records management services provided by the State Archives.
