N.M. Admin. Code § 1.13.10.17 - DISPOSITION OF RECORDS STORED IN THE STATE RECORDS CENTER
A. The records management division is
responsible for reviewing and applying the appropriate retention to records
brought in for storage. The records management division shall notify records
custodians and chief records officer when the custodial agency's records are
eligible for disposition.
B. The
administrator shall provide the custodial agency with a report of records
eligible for either destruction or transfer to the state archives. The notice
shall contain but not limited to the following; name of agency; agency code;
date; number of record series eligible for destruction; method of destruction;
location, barcode; record series item number; shipment box number; shipment
date; description; and inclusive record series dates.
C. The custodial agency shall assign one
individual as chief records officer to coordinate the review of the notice of
records eligible for either destruction or transfer to the state archives with
all divisions of the custodial agency. Upon receiving a notification of records
eligible for destruction the custodial agency's chief records officer shall
review the report of records to be destroyed and respond by the established
deadline.
D. The custodial agency
may request an exception to remove records from destruction if; the records
identified in the notice are involved in litigation; the records identified in
the notice are involved in active investigation; or the records identified in
the notice are involved in an audit. The custodial agency shall submit the
request for an exception in writing to the administrator and cite the exception
(e.g., pending litigation, audit in process, audit pending, etc.).
E. The destruction notice shall have the
written approval from the administrator with the written consent of the records
custodian or designated chief records officer prior to the execution of the
destruction.
F. If an agency does
not respond to the notice of records eligible for destruction by the
established deadline, the administrator shall charge the custodial agency a
storage fee for the storage of records that are eligible for destruction. In
addition, the return of withdrawn boxes, storage and disposition services will
be suspended. For information on the fee schedule see 1.13.2 NMAC.
G. Records currently stored requiring legal
holds must be identified by the agency in writing and permanently removed from
the record center if the legal hold last longer than five years. Failing to do
so will result in the agency being denied additional storage space.
Notes
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