New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Agency means any department, division,
				  board, bureau, office, council, commission, authority, public benefit
				  corporation having statewide responsibility, or a separate unit of the
				  executive branch of state government created or established by law or executive
				  order, but shall not include the Executive Chamber.
(b) Archives facility means a facility
				  administered by the director for the preservation and controlled use of
				  archival records transferred from agencies and the judiciary, or a facility
				  that is approved by the director as having an equivalent capacity to ensure the
				  physical security and control of archival records.
(c) State Archives means the organizational
				  unit within the State Education Department which has responsibility to
				  administer the State and local government archives and records management
				  programs.
(d) Commissioner means
				  the commissioner of education.
(e)
				  Director means the Assistant Commissioner of Education who is director of the
				  State Archives.
(f) Disposition
				  means the authorized action to dispose of the records of an agency or the
				  judiciary by destruction, transfer to another agency or branch of government,
				  or transfer to an archives facility.
(g) Record series means a group of related
				  records that result from the same activity and can be evaluated together for
				  disposition and other management purposes. Usually, the records in a record
				  series are arranged under a single filing system or are otherwise kept together
				  as a unit.
(h) Records means all
				  books, papers, maps, photographs, or other documentary materials, regardless of
				  physical form or characteristics, made or received by any agency of the State
				  or by the judiciary in pursuance of law or in connection with the transaction
				  of public business and preserved or appropriate for preservation by that agency
				  or its legitimate successor as evidence of the organization, functions,
				  policies, decisions, procedures, operations, or other activities, or because of
				  the information contained therein, but shall not include the records of the
				  Executive Chamber. Library or museum material made or acquired and preserved
				  solely for reference or exhibition purposes, extra copies of documents
				  preserved only for convenience of reference, and stocks of publications and of
				  blank forms shall not be deemed to constitute records.
(1) Active records means records that are
				  frequently referenced or otherwise frequently used for conducting current
				  business.
(2) Archival records
				  means records that are designated by the director for continuous preservation
				  because they have enduring administrative, legal, fiscal, educational,
				  historical, or other research value to State government and/or its citizens.
				  Such term is not used as a synonym for computer-generated records that are
				  stored off-line.
(3) Electronic
				  records means those records which are stored in a form that can be read or
				  processed only by means of a computer.
(4) Inactive records means records that are
				  infrequently referenced or otherwise infrequently used for conducting current
				  business.
(5) Vital records means
				  selected records which, in the event of a disaster, are essential to the
				  resumption or continuation of government operations, to the re-creation of the
				  legal and financial status of State government, or to the protection of and
				  fulfillment of obligations to the citizens of the State. Such term is not used
				  as a synonym for official birth, death, and marriage records.