RELATES TO: KRS 61.878, 171.420, 171.470, 171.480, 171.500,
171.520, 171.550, 171.580, 171.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.560 requires the
department to promulgate administrative regulations governing the transfer of
public records. This administrative regulation establishes the requirements for
the transfer of public records from governmental agencies to the
department.
Section 1. Definitions.
(1) "Intellectual custody" means legal
ownership and responsibility for governing access to materials, regardless of
their physical location.
(2)
"Physical custody" means actual care and control of records for storage,
security, and preservation.
(3)
"Public record" is defined by KRS 171.410(1).
(4) "Transmittal documentation" means a list
of records being transferred from an agency to the State Archives or the State
Records Centers.
Section
2. For physical transfer of public records from government
agencies to one (1) of the facilities of the Department for Libraries and
Archives, the agency shall follow the standards and procedures in Transfer of
Public Records: A Procedural Guide. Transmittal documentation shall confirm the
transfer of government records in all instances.
Section 3.
(1) Intellectual custody of records in the
physical custody of the State Records Center shall remain with the originating
agency.
(2) Physical and
intellectual custody of records in the State Archives Center and the Kentucky
State Digital Archives shall be transferred to the Department for Libraries and
Archives upon accession into the Archives, in accordance with KRS 171.590.
(3) Records fifty (50)
years or older that are not in the department's custody may be directed for
transfer for continuing preservation and public access in accordance with KRS 171.580(2), subject to the exemptions of KRS 61.878.
Section 4. Incorporation by Reference.
(1) "Transfer of Public Records: A Procedural
Guide", January 2010, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Archives and Records
Management Division, Kentucky Department for Libraries and Archives, 300 Coffee
Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9:00 a.m. to 4:00
p.m.
