13 Tex. Admin. Code § 6.6 - Decertification
(a) If a state agency fails to submit a
records retention schedule to the state records administrator for
recertification by a required deadline or fails to request an extension, the
certification of the currently approved schedule and any approved amendments to
the schedule expires one year from the end of the month in which the schedule
was initially certified or last recertified (or three years if the state agency
is due for triennial recertification).
(b) If a state agency refuses to permit the
inspection of a state records series by the state archivist or fails to respond
to questions from the state archivist concerning the content, use, or other
aspects of a state records series in order for the state archivist to determine
if the series contains archival state records in accordance with Government
Code, §
441.186, the director
and librarian may order the decertification of its approved records retention
schedule, with decertification effective 30 days from the date of the
order.
(c) If a state agency fails
to cooperate fully and in a timely manner with the commission, the director and
librarian, or any other authorized designee of the director and librarian in
fulfilling their duties in accordance with Government Code §
441.183, the director
and librarian may order the decertification of its approved records retention
schedule, with decertification effective 30 days from the date of the
order.
(d) If its records retention
schedule is decertified according to this section, a state agency is no longer
authorized to destroy records based on the schedule and must submit requests
for the destruction of its records in accordance with §
6.7 of this title (relating to
Destruction of State Records).
Notes
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