Rules & Regulations of the State of Tennessee
Title 1210 - Public Records Commissions
Chapter 1210-01 - Rules of Public Records Commission
Section 1210-01-06 - PROCEDURES FOR THE DISPOSAL OF RECORDS

Universal Citation: TN Comp Rules and Regs 1210-01-06

Current through April 3, 2024

Once the Commission approves an RDA, it constitutes authorization to dispose of the records as set by the RDA.

(1) That disposal is based on the RDA's Retention Schedule. Each record or record series is subject to only one retention schedule as set forth in the governing RDA.

(a) Upon expiration of the retention period, records must be disposed of in accordance with the RDA and must not be held for a longer period unless subject to ongoing investigation, litigation hold, public records request or audit.

(b) Records authorized for destruction must be disposed of according to the RDA and must not be given to any unauthorized person or transferred to another agency or political subdivision as a way to avoid destruction in accordance with the applicable RDA.

(c) When transferring and archiving records to Library & Archives for preservation, the agency must contact Library & Archives for guidance.

(2) The agency records officer shall:

(a) Annually review the agency's records and determine which ones are due for disposition.

(b) Submit a records destruction form to the Division, in the event that individual records or a record series can be destroyed in accordance with the applicable RDA. This form documents the destruction date, record series, RDA number, date range for the records, volume destroyed and destruction method.

(c) Annually complete a records holding report that:
1. Reflects a full inventory of all the records stored by the agency; and

2. Details how many cubic feet have accumulated for each record series and should list the associated RDAs.

Authority: T.C.A. §§ 10-7-302, 10-7-303, 10-7-304, and 10-7-306.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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