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 188.23 - Transfer of agency records to the state archives
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Agency records that have been determined to have sufficient value to warrant preservation shall be transferred to the official legal and physical custody of the State Archives when the originating agency no longer needs to use the records for the purpose for which they were created or when the records are infrequently, if ever, used in the conduct of regular agency business, and when the director determines that protection and research use of the records is most effectively and efficiently accomplished by professional archival administration in an archives facility.
(b) Prior to any scheduled transfer of records from an agency to the State Archives, the transferring agency shall notify the State Archives using forms and procedures prescribed by the director. These forms and procedures shall constitute a formal request from the agency for the director to accept custody of a shipment of records consigned to the State Archives.
(c) For archival records stored temporarily in a records center facility, the State Archives will notify the agency records management officer 40 days prior to the scheduled date of transfer to an archives facility and the agency records management officer shall approve or disapprove such transfer within 30 days of receipt of the notice. Approval of the notice by an agency shall constitute a formal request from the agency for the director to accept custody of a shipment of records consigned to the State Archives.
(d) Archival records consigned to the State Archives must be identified and packaged according to procedures established by the director.
(e) Records storage equipment received with transfers of records to the State Archives will be retained or disposed of by the State Archives unless the transferring agency requests their return.
