Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 430 - STATE RECORDS ADMINISTRATOR › Chapter 1 - DEFINITION OF TERMS › Section 430-1-001

Current through June 17, 2024
The following definitions shall be applied to and are
				  construed to define terminology that exists in the Records Management Act,
				  R.R.S. 1943, section
				  84-1201
				  through
				  84-1220, and all
				  additions and amendments thereto, and terminology that exists in the Rules and
				  Regulations of the State Records Administrator.
001.01 Agency
Agency shall mean any department, division, office,
				  commission, court, board, or any other unit or body, however designated, of the
				  state government or of the government of any local political
				  subdivision.
001.02 Agency
				head
Agency head shall mean the chief or principal officer or
				  representative in any such agency, or the presiding judge of any court, by
				  whatever title known; and when an agency consists of a single official, the
				  agency and the agency head are one and the same.
001.03 State Agency
State Agency shall mean an agency of state government; local
				  agency shall mean an agency of a local political subdivision.
001.04 State Executive Agency
State Executive Agency shall mean an agency of the executive
				  branch of state government, including all administrative offices and bodies
				  operating within the executive branch. When an administrative office or body is
				  charged with varied functions of executive and legislative or judicial
				  functions, it shall be considered a state executive agency, unless expressly
				  declared by general law to be an instrumentality of the legislative or judicial
				  branch.
001.05 Local
				Political Subdivision
Local Political Subdivision shall mean any county, city,
				  village, township, district, authority, or other public corporation or
				  political entity, whether existing under charter or general law, except that a
				  metropolitan class city or a district or other unit which is considered to be
				  an integral part of state government is not included in the
				  term.
001.06 Record
Record shall mean any book, document, paper, photograph,
				  microfilm, sound recording, or other material regardless of physical form or
				  characteristics, made or received pursuant to law, charter, ordinance, or other
				  authority, in the connection with the transaction of official
				  business.
001.07 State
				record
State record shall mean a record which normally is
				  maintained within the custody or control of a state agency or any other record
				  which is designated or treated as a state record according to general
				  law.
001.08 Local record
Local record shall mean a record of a local political
				  subdivision or any agency thereof, unless designated or treated as a state
				  record under general law.
001.09 Court record
Court record shall mean a record maintained by any court
				  existing pursuant to the Constitution or statutes of Nebraska.
001.10 Legislative record
Legislative record shall mean a record created or maintained
				  by the Legislature pursuant to the Constitution or statutes of
				  Nebraska.
001.11 Essential
				record
Essential record shall mean a state or local record which is
				  within one or the other of the following categories and which shall be
				  preserved pursuant to this Act: Category A: Records containing information
				  necessary to the operations of government under all conditions, including a
				  period of emergency created by a disaster, or: Category B: Records not within
				  Category A, but which contain information necessary to protect the rights and
				  interests of persons or to establish or affirm the powers and duties of state
				  or local governments in the resumption of operations after a
				  disaster.
001.12
				Preservation duplicate
Preservation duplicate shall mean a copy of an essential
				  record, which is used for the purpose of preserving the record pursuant to the
				  Records Management Act.
001.13 Disaster
Disaster shall mean any occurrence of fire, flood, storm,
				  earthquake, explosion, epidemic, riot, sabotage, or other conditions of extreme
				  peril resulting in substantial injury or damage to persons, or property within
				  the state, whether such occurrence is caused by an act of nature or of man,
				  including an enemy of the United States.
001.14 Nonrecord materials
Nonrecord materials shall mean those materials not included
				  within the definition of the word records.
001.15 The recommendation "retain
				permanently" shall mean that a record may not be destroyed, but shall not
				prevent the transfer of that record from the office of the legal custodian to
				the State Archives for preservation, or, if it is an essential record, to an
				area designated by the Administrator.
001.16 Administrator
Administrator shall mean the State Records
				  Administrator.
001.17 Board
Board shall mean the State Records Board.
001.18 Durable medium
Durable medium shall be any information storage medium that
				  is created by a durable process. A process shall be the combination of
				  hardware, software, storage media, techniques and procedures used to manage,
				  create, store, retrieve, and delete information belonging to the custodian
				  agency. A process shall be a durable process if it meets the criteria set forth
				  in
				  001.18A through
				  001.18G:
001.18A The process is capable of creating
				and storing information for the required records retention period as specified
				by the Records Retention and Disposition Schedules approved by the State
				Records Administrator and the State Archivist.
001.18B The process can be migrated to a
				successor process when necessary and will retain all information available in
				the original process after migration to the successor process.
001.18C The process maintains the integrity
				of information in a readily accessible manner, makes it retrievable, makes it
				processable through an established usual or routine set of procedures using
				available hardware and software, and makes it accurately reproducible in a
				human-readable form as determined by the needs of the custodian
				agency.
001.18D The process
				provides for disaster recovery backups, which are periodically, depending on a
				retention schedule, verified for restorability and readability, and can be
				stored in a separate geographical location from the original
				information.
001.18E The process is
				demonstrated to create and maintain information for the retention period as
				specified, in an accurate, reliable, trustworthy, dependable and incorruptible
				manner.
001.18F The process allows
				the removal of information when it reaches the end of its required retention
				period.
001.18G The process is
				documented so as to demonstrate to a reasonable person compliance with these
				criteria.
001.18H Written Best
				Practices and Procedures may be developed as voluntary guidelines for use by
				any agency in furtherance of implementation of the above definition of durable
				medium, as it relates to records retention and disposition schedules. Any Best
				practices and Procedures developed are guidelines only and do not have the
				force and effect of rule and regulation or law.