reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 186 - Distribution And Sale Of Department Publications › Section 186.1 - Distribution and sale of publications of education department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The distribution and sale of department
				  publications shall be under the supervision of the Commissioner of
				  Education.
(b) The department
				  publications may be furnished without charge for use in the
				  department.
(c) Not more than one
				  copy of any department publication may be furnished without charge to any State
				  school official, head of State department, member of the Legislature,
				  newspaper, education department of another state, donor to this department,
				  school, library or other institution that is a member of the University of the
				  State of New York.
(d) Whenever an
				  individual has contributed to or cooperated in the preparation of a department
				  publication, a reasonable number of copies thereof may be furnished to him
				  without charge.
(e) No charge shall
				  be made for blank forms, reports, pamphlets and other printed documents
				  necessary or proper in the conduct of the official business of the
				  department.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.1 - Designation of department officers

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer, whose office is located in Room
					 121, State Education Building, Albany, New York 12234, is designated to receive
					 requests for records under the Freedom of Information Law, except archival
					 records that are in custody of the State Archives. The records access officer
					 shall be the department official responsible for ensuring compliance with the
					 provisions of Public Officers Law, articles 6 and 6-A. The Assistant
					 Commissioner of Education for Archives and Records Administration, whose office
					 is located in Room 10D45, Cultural Education Center, Albany, New York 12230,
					 shall serve as records access officer for archival records in custody of the
					 State Archives. Requests for access to archival records that are in the State
					 Archives shall be subject to the provisions of this Part and of section
					 188.26 
					 of this Title. In the event of a conflict with this Part, the provisions of
					 section
					 188.26 
					 shall govern.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.3 - Times when records are available

Current through Register Vol. 46, No. 28, July 10, 2024
Requests to inspect or secure copies of department records
					 may be made at the offices set forth in section
					 187.2 
					 of this Part on any State business day between the hours of 8:30 a.m. and 5
					 p.m.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.4 - Freedom of information law procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The following procedures shall be followed in connection
					 with requests to inspect or secure copies of department records made by members
					 of the general public under the provisions of Public Officers Law, article
					 6:
(a) Albany office.
(1) Requests to inspect or secure copies of
				  records shall be submitted to the records access officer in writing and shall
				  reasonably describe the record or records. Forms for such requests may be
				  obtained from the office of the records access officer, and the use of such
				  forms is recommended.
(2) The
				  records access officer will determine and advise the requester whether the
				  records specified in the request are available for inspection and
				  copying.
(3) With respect to
				  records which are determined to be available, the records access officer will
				  direct the requester to the place where the requested records may be inspected
				  and will arrange for the preparation and certification of copies upon tender of
				  the required fee.
(4) With respect
				  to records which are determined not to be available, the records access officer
				  will note the reason for unavailability on the request form and return one copy
				  of the form to the requester.
(5)
				  If the agency does not provide or deny access to the record sought within five
				  business days of receipt of a request, the agency shall furnish a written
				  acknowledgment of receipt of the request and a statement of the approximate
				  date when the request will be granted or denied.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.5 - Personal privacy protection law procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The following procedures shall be applicable to requests by
					 data subjects for the identification of, for access to, or for the amendment or
					 correction of records made under the provisions of Public Officers Law, article
					 6-A. Except as otherwise provided in this section, such requests shall also be
					 subject to the provisions of all other sections of this Part.
(a) A request for the identification of
				  records shall include notice of any facts or relationship which the data
				  subject believes may have led to the creation and maintenance of such
				  records.
(b) The department may
				  require satisfactory proof of the identity of the data subject by means of a
				  driver's license or other documentary and/or photographic
				  identification.
(c) Place of
				  inspection or copying. Copies of records relating to a data subject shall be
				  made available by mail, or at the appropriate office of the department most
				  convenient to the data subject, upon payment of the fees required by section
				  187.6  of this Part. An
				  appropriate office shall be the office in which the record is maintained, the
				  general offices of the department at the State Education Building or Cultural
				  Education Building in Albany, or the Office of Professional Conduct in New York
				  City, or any office of the department more convenient to the data subject and
				  with an area of responsibility relevant to the purpose for which the record is
				  maintained. Inspection of original department records by a data subject shall
				  be at the office at which the records are regularly maintained.
(d) Denial of request. Denial of a request by
				  a data subject for access to or for the amendment or correction of records
				  relating to a data subject will be in writing and will state the reason for the
				  denial, or that the information sought cannot be retrieved by use of the
				  description provided by the data subject or by the name or other identifier of
				  the data subject without extraordinary search methods. The notice of denial
				  shall include notice of the right to appeal, as provided in section
				  187.6  of this
				  Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.6 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals shall
				  be directed to the commissioner on forms prescribed by him, copies of which are
				  available at the offices of the records access officer and of the person in
				  charge of each office located outside the City of Albany.
(b) All such appeals shall be delivered to
				  the records access officer, or to the person in charge of an office outside the
				  City of Albany, within 30 days after the denial from which such appeal is
				  taken.
(c) Appeals will be
				  determined by the commissioner or his authorized representative.
(d) Notice of a determination denying an
				  appeal by a data subject relating to the amendment of or the correction of a
				  department record shall include notice to the data subject of the right to file
				  a statement of disagreement with the disputed record, as provided in Public
				  Officers Law, section
				  95(4).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.7 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fees for
				  copies of available records shall be as follows:
(1) Twenty-five cents per page.
(2) Existing computer printouts: 25 cents per
				  page.
(3) Initial printout from
				  computer file: computer time-charges shall be based on current rates and
				  computer resources used and shall not exceed actual cost. If the requestor does
				  not provide the necessary computer tape and labels, the fee for such computer
				  tape and labels shall be the actual cost thereof to the department.
(4) Any other record: the actual cost thereof
				  to the department.
(5)
				  Certifications: no additional charge.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.8 - Protection of trade secrets and records maintained for the regulation of commercial enterprise

Current through Register Vol. 46, No. 28, July 10, 2024
Protection of trade secrets and records maintained for the
					 regulation of commercial enterprise which if disclosed would cause substantial
					 injury to the competitive position of the subject enterprise.
(a) Identification of records.
(1) Any entity submitting records to the
				  department which it wishes to have excluded from disclosure pursuant to section 87 (2)(d)  of the Public
				  Officers Law, shall file with the records access officer a written request that
				  such records not be disclosed. Such request shall identify those records or
				  portions of records which the submitter considers to be exempt from disclosure
				  and the office of the department to which such records have been
				  submitted.
(2) Any agency
				  transferring official records, which are excluded from disclosure pursuant to
				  section 87 (2)(d)  of the Public
				  Officers Law, to the State archives pursuant to section 142 of the Education
				  Law, shall so notify the archives and the submitter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 187 - Inspection And Copying Of Department Records › Section 187.9 - Retention of records

Current through Register Vol. 46, No. 28, July 10, 2024
Department records shall be maintained for the retention
					 periods established for each class of records pursuant to the provisions of
					 Arts and Cultural Affairs Law, section 57.05, and Part 188 of this Title. No
					 record shall be knowingly destroyed or transferred from the custody of the
					 department during the pendency of an application for access or for the
					 amendment or correction of such record made pursuant to Public Officers Law,
					 article 6 or 6-A.
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 188.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes a framework of policies and
					 procedures for the creation, maintenance, disposition, and selective
					 preservation of State government records. Based on this framework, the State
					 Archives will work in partnership with state agencies, and where applicable
					 with the judiciary, to carry out records management programs that support
					 effective program management and public services delivery, promote economical
					 and efficient management of information resources, and ensure that records of
					 archival value are identified, protected, and, when appropriate, transferred to
					 the State Archives for preservation.
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 188.3 - Responsibility of the state archives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall administer the State
				  Archives and State records center programs and facilities, shall provide
				  records management training and technical assistance services to agencies, and
				  shall approve the preservation and disposition of records, on behalf of the
				  commissioner, according to procedures set forth in this Part.
(b) The director shall institute a system for
				  the review of agency records management plans and programs to determine agency
				  compliance with the applicable provisions of this Part, to identify
				  opportunities for improving agency records management programs and practices,
				  to propose plans for records management assistance and advice, and to ensure
				  the identification and preservation of archival records. Based on these
				  reviews, the director shall prepare written findings for the commissioner, who
				  shall thereupon report and make recommendations to the head of each respective
				  agency and to the Director of Division of the Budget.
(c) As part of this review, and with the
				  understanding that State Archives staff shall not disclose confidential
				  information contained in any agency records, the director may inspect the
				  condition and assess the value of agency records which, in his or her opinion,
				  are likely to be archival records. In lieu of physical inspection of records,
				  the director shall obtain from an agency sufficient information about the
				  general contents and uses of records to permit an evaluation of the research
				  value of the records.
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 188.4 - Establishment of agency records management programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The head or governing body of each agency
				  shall appoint or designate an agency records management officer, who is
				  authorized to administer the agency's records management program, including
				  liaison with the State Archives. The purpose of the agency records management
				  program shall include but need not be limited to the following:
(1) promulgating records retention and
				  disposition policies and ensuring compliance by all agency staff;
(2) ensuring that agency records are
				  maintained and disposed in compliance with applicable sections of this
				  Part;
(3) ensuring that the agency
				  cooperates with the State Archives to identify, protect, and preserve archival
				  records including those of the agency head and associated staff;
(4) establishing a process to prepare and
				  annually review and update an agency records management plan, which contains
				  objectives and target dates to achieve compliance with the applicable provision
				  of this Part, including plans to complete or maintain inventories and records
				  retention and disposition schedules and, as needed, to guide agency program
				  offices in the application of sound records management practices;
(5) furnishing to the State Archives such
				  reports as the director may request regarding agency records and records
				  management programs and practices.
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 188.5 - Duties and responsibilities of agency records management officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency
				  records management officer shall plan, promote and monitor the agency records
				  management program in consultation with agency program managers and the State
				  Archives. The duties of the records management officer shall include but need
				  not be limited to the following:
(1)
				  participate in the comprehensive records management training program offered by
				  the State Archives to the extent necessary to fulfill the applicable
				  requirements of this Part;
(2)
				  compile and maintain a current inventory of agency records;
(3) prepare and submit to the State Archives
				  proposed records retention and disposition schedules, or other plans which
				  delineate proposed records retention and disposition practices;
(4) oversee the continuing disposition of
				  records in accordance with approved records retention and disposition schedules
				  or other plans which delineate records retention and disposition
				  practices;
(5) contribute to the
				  development of and review of plans and programs to improve the management of
				  agency records.
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 188.6 - General provisions for the identification and disposition of agency records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  agency shall destroy, transfer custody of, destroy the means to access, or
				  otherwise dispose of any records without first having secured authorization to
				  do so in accordance with the applicable provisions of this Part.
(b) Records disposition authorizations that
				  were issued pursuant to the provisions of former section 186 of the State
				  Finance Law, and that remained in effect when such law was repealed, continue
				  in full force and effect unless modified or abrogated under applicable
				  provisions of this Part.
(c) The
				  State Archives shall issue written guidelines to assist agency staff to
				  distinguish between records and documentary materials that are not
				  records.
(d) Each agency shall
				  develop and carry out plans to compile and maintain an up-to-date inventory of
				  all records in its custody. An inventory shall contain information sufficient
				  to prepare and implement records retention and disposition schedules. At
				  minimum, an inventory shall include the title, purpose, responsible program
				  area, contents, arrangement, volume, dates and locations of all records series,
				  and the hardware and software requirements for all electronic
				  records.
(e) Each agency shall
				  develop and carry out plans to obtain authorization from the State Archives for
				  records retention and disposition schedules or plans governing all records in
				  the agency. Agencies shall submit proposals to establish such schedules in a
				  manner and form prescribed by the director. A proposal may be used to obtain
				  ongoing disposal authorization for records which continue to accumulate or to
				  obtain one-time disposal authorization for records which are
				  discontinued.
(f) Each records
				  disposition proposal must be reviewed by the agency records management officer
				  for completeness and accuracy and be signed by the agency records management
				  officer, whose signature shall constitute the agency's certification that the
				  records listed in the proposal do not have sufficient administrative, legal,
				  fiscal or other value to the agency to warrant their continued retention beyond
				  the expiration of the proposed retention periods.
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 188.7 - Review of agency proposals for records disposition authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In reviewing
				  agency records disposition proposals, the State Archives shall consider the
				  submitting agency's statutory functions and responsibility. To be approved, the
				  proposal shall demonstrate:
(1) that records
				  are kept for a length of time sufficient to meet administrative, legal and
				  fiscal requirements; and
(2) that
				  records of temporary administrative, legal and fiscal value are disposed of in
				  accordance with sound records management practices. When warranted, the State
				  Archives shall review selected records disposition proposals to determine
				  whether the records are archival records and warrant preservation in an
				  archives facility.
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 188.8 - State archives response to agency proposals for records disposition authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The State Archives, upon applying its criteria and after appropriate review by
				  the offices of the Attorney General and State Comptroller as described in
				  section
				  188.7(c) 
				  of this Part, shall return the records disposition proposal to the agency
				  records management officer indicating approval or disapproval of the proposed
				  records retention and disposition schedule or plan.
(b) The agency records management officer
				  shall be informed in writing and shall be entitled to meet with State Archives
				  staff to review and discuss the reasons for disapproval of any proposed records
				  retention and disposition schedule or plan. An agency records management
				  officer shall be entitled to a formal meeting with the director to discuss a
				  disapproved proposal.
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 188.9 - Revising records disposition authorizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency may request a revision to a
				  records disposition authorization by preparing and submitting a proposal to the
				  State Archives following the procedures of section
				  188.6 
				  of this Part. Proposals will be processed by the State Archives as indicated by
				  sections
				  188.7
				  and
				  188.8 
				  of this Part.
(b) A records
				  disposition authorization, once issued, may be cancelled, suspended, and
				  reinstated by the director and may be amended by the director to lengthen a
				  minimum retention period which must elapse before the records may be
				  destroyed.
(c) The Attorney
				  General, the Comptroller, or the agency to which a records disposition
				  authorization pertains may cancel or may suspend and later reinstate any
				  authorization upon notification to the director.
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 188.10 - Records schedules issued by the state archives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General records retention and disposition
				  schedules may be issued by the State Archives to authorize the retention and
				  disposition of records common to some or all agencies.
(b) At least 40 days prior to issuance, the
				  State Archives will forward a copy of a proposed general records schedule to
				  the offices of the Attorney General and State Comptroller for their review. The
				  Attorney General or a designee shall review the schedule to determine if
				  proposed dispositions meet legal requirements. The State Comptroller or a
				  designee shall review the schedule to determine if proposed dispositions meet
				  fiscal and audit requirements. If either the Attorney General or State
				  Comptroller, within 30 days after receiving a proposed schedule, shall advise
				  the State Archives that any records should not be destroyed according to the
				  proposed schedule, no authorization to destroy such records will be included on
				  a general records retention and disposition schedule issued by the State
				  Archives.
(c) Each agency records
				  management officer shall inform the director in writing of the agency's intent
				  to adopt and use a general records schedule. Adoption of a general records
				  schedule eliminates the need for an agency to comply with the provisions of
				  section
				  188.6 
				  of this Part for those records included on the general records schedule. In the
				  event of duplication of any record series between a general records retention
				  and disposition schedule and an approved agency retention and disposition
				  schedule, the provisions of the agency schedule shall prevail for that
				  agency.
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 188.11 - Disposition of records by an agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No records shall be destroyed prior to
				  the expiration of the retention period specified in the applicable records
				  retention and disposition schedules or other plans authorized by the
				  director.
(b) Bulk quantities of
				  disposable paper and microform records shall be recycled or otherwise disposed
				  in an environmentally conscious manner pursuant to a wastepaper recycling
				  program administered by the State Archives or an equivalent disposal program
				  administered by the agency. The State Archives program will include provisions
				  for the contractor to shred confidential records prior to recycling.
(c) Archival records in accordance with
				  authorized retention and disposition schedules or other authorized plans shall
				  be promptly transferred to an archives facility.
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 188.12 - Emergency destruction of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an agency has in its custody any
				  records that are considered by the records management officer of that agency to
				  be in such a condition that they constitute a menace to human safety or health
				  or to property, the records management officer of such agency may request from
				  the director authorization to destroy or dispose of such records immediately,
				  indicating the conditions which make such immediate destruction or disposal
				  necessary.
(b) The director, as
				  soon as possible after receipt of an emergency request to destroy or dispose of
				  records, shall advise the Attorney General and the State Comptroller, or their
				  designees, of the need for the immediate destruction or disposal of the records
				  in question.
(c) The Attorney
				  General and the State Comptroller, or their, designees, when notified by the
				  director of the request for emergency destruction of records, may immediately
				  notify the director that they have no objection to the destruction or disposal
				  proposed. Upon receiving such notification, the director may authorize the
				  immediate destruction or disposal of such records.
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 188.13 - Records damaged or destroyed as a result of natural or manmade disaster

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever
				  records are destroyed in whole or in part by fire or flood or as a result of
				  any natural or manmade disaster, the records management officer of the agency
				  responsible for the custody of the records so damaged or destroyed shall:
(1) notify the director, as soon as
				  practicable, as to the nature, type, and quantity of the records damaged or
				  destroyed and the circumstances surrounding their damage or
				  destruction;
(2) take immediate
				  steps to protect the damaged records from further deterioration in accordance
				  with technical advice furnished by the State Archives;
(3) initiate action, when appropriate and in
				  accordance with technical advice from the State Archives, to retrieve,
				  reassemble and reconstruct the information contained in the damaged or
				  destroyed records.
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 188.14 - Operation of records center facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall operate records center
				  facilities to provide for the secure, cost-effective storage of inactive
				  records; to provide secure storage for vital records, for master copies of
				  microforms, for backup copies of electronic records, and for records that
				  require special security or environmental conditions; and to provide records
				  retrieval services at the request of the organizational unit which transferred
				  the records. Records of agencies and the judiciary are eligible for storage at
				  records center facilities.
(b) The
				  director, in accepting records of an agency or a unit of the judiciary for
				  storage in a records center facility, assumes responsibility for the physical
				  possession, storage, protection and servicing of such records and the security
				  of the information contained in them, as an agent of the head of the agency or
				  the official of the judiciary transferring such records.
(c) The State Archives, acting for an agency
				  storing records in a records center facility, shall be responsible for
				  destroying records that are eligible for destruction pursuant to records
				  disposition authorizations. The State Archives shall notify the agency records
				  management officer at least 40 days prior to the intended destruction of agency
				  records stored at a records center facility. Upon request of the agency records
				  management officer, stating justification for continued retention of the
				  records, the director may authorize the continued storage of the records for a
				  specified period of time.
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 188.15 - Transfer of records to records center facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency or a unit of the judiciary
				  proposing to transfer inactive records to a records center facility shall
				  notify the State Archives of the proposed transfer in the manner and form
				  prescribed by the director.
(b) An
				  agency or a unit of the judiciary shall not ship or cause to be delivered to a
				  records center facility any record which the State Archives has not agreed in
				  advance to accept for storage and retrieval.
(c) Records consigned to a records center
				  facility must be identified and packaged according to procedures established by
				  the director.
(d) The director
				  shall provide, upon request, technical advice in the identification and packing
				  of records to be transferred to a records center facility. Such technical
				  advice will not include furnishing personnel to pack the records.
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 188.16 - Access to records stored in records center facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access to records stored in and serviced
				  at a records center facility will be permitted only as authorized in writing by
				  the agency records management officer or the authorized representative of the
				  unit of the judiciary transferring records to the facility. Such authorizations
				  shall be in a manner and form prescribed by the director.
(b) Each agency or unit of the judiciary,
				  when transferring records to a records center facility, shall indicate in
				  writing such restrictions on the retrieval of records as the agency or unit of
				  the judiciary desires or requires the director to enforce. The director shall
				  take all necessary and proper actions to enforce such restrictions.
(c) The State Archives will provide retrieval
				  and refiling services for records stored in a records center facility. Requests
				  for a record stored in a records center facility may be made in person, by
				  telephone, or by mail in a manner and form prescribed by the director. The
				  State Archives will release records only to authorized representatives of the
				  agency or the unit of the judiciary which transferred the records.
(d) In the event that the commissioner or the
				  director is served with a court order or a subpoena, or a request for
				  certification of authenticity, or a written request for access to records, or
				  any legal process which relates to records stored in a records center facility,
				  the commissioner or the director shall immediately notify the agency or the
				  unit of the judiciary which transferred such records to the records center
				  facility. It shall then be the duty of such agency or unit of the judiciary to
				  respond to the order, request, or other legal process.
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 188.17 - Review of agency proposals to establish or lease facilities or to contract for services to store records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director, at the request of the
				  Division of the Budget, shall review proposals by agencies to establish or
				  lease facilities or to contract for services to store inactive records, vital
				  records, master copies of microforms, or backup copies of electronic records.
				  The director will consider the availability of space in records center
				  facilities and will evaluate the following elements of an agency proposal:
(1) the proposed inactive records storage
				  location;
(2) the security and
				  environmental conditions of the proposed storage location;
(3) the space to be occupied in gross square
				  feet;
(4) the nature and quantity
				  of records to be stored;
(5) total
				  resources to operate the storage location, including personnel to be
				  employed;
(6) justification for the
				  proposed storage location.
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 188.18 - Duplicating original records on microfilm

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Negative microphotographic film. When a
				  microform will replace an original record having a legal minimum retention
				  period of 10 years or longer and when the agency still must maintain it for at
				  least 10 years to meet this requirement, or when the records being
				  microphotographed are identified on a records retention and disposition
				  schedule as having a permanent or archival retention period, only a
				  polyester-based, black-and-white silver gelatin microform or Ilfochrome
				  (formerly known as Cibachrome) color microform shall be used as the original
				  camera negative film.
(b)
				  Preservation of the camera negative. When a microform will replace an original
				  record, the camera negative shall be used only to produce duplicate copies of
				  the film. Once the duplicates have been made, the camera negative film must be
				  placed in an offsite storage facility that meets standards established by the
				  director for security, fire protection and environmental control to ensure the
				  preservation of the information on the microform.
(c) Microforms to meet quality standards.
				  When a microform will replace an original record, the microform shall meet
				  quality standards established by the director for resolution and density to
				  ensure that the film and copies made from it will be clear and legible and to
				  ensure the long-term viability of the film.
(d) Targeting and certification of
				  microforms. When a microform will replace an original record, the following
				  measures must be taken to ensure access to the information contained on the
				  microform, and the quality and legal admissibility of the microform itself:
(1) The records to be filmed shall be
				  arranged and identified to ensure reasonable access to individual
				  documents.
(2) Each discrete roll
				  of original negative film and each discrete original negative fiche shall begin
				  with a target identifying the records being filmed and certifying that the
				  records are being filmed in the normal course of business. Each shall end with
				  a signed declaration by the camera operator identifying the date of filming and
				  the agency for which the film is being produced.
(3) In addition, each roll of film must have
				  the following targets at the beginning of the roll: density target, resolution
				  target and start target.
(4) In
				  addition, each roll of film shall have an end target at the end of each
				  roll.
(5) Where needed, roll film
				  shall contain retake and correction targets.
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 188.20 - Retention and preservation of electronic records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency shall ensure that records
				  retention requirements are incorporated into any plan and process for design,
				  redesign, or substantial enhancement of an information system that stores
				  electronic records.
(b) An agency
				  shall ensure that electronic records are not rendered unusable because of
				  changing technology before their retention and preservation requirements are
				  met. In the case of archival electronic records, an agency, in consultation
				  with the State Archives, must determine that the records will remain usable and
				  accessible by ensuring that the records are retained in currently available
				  file formats and by creating adequate documentation of the records and their
				  systems as defined in subdivision (c) of this section. If an agency cannot
				  provide such protection to the records, it shall transfer the archival
				  electronic records to the State Archives in a usable and accessible
				  format.
(c) An agency shall develop
				  and maintain up-to-date documentation about all permanent or archival
				  electronic records sufficient to:
(1) specify
				  all technical characteristics necessary for reading and processing the
				  records;
(2) identify all defined
				  inputs and outputs from the system;
(3) define the contents of the files and
				  records;
(4) determine restrictions
				  on access and use;
(5) understand
				  the purposes and functions of the system;
(6) describe update cycles and/or conditions
				  and rules for adding information to the system, changing information in the
				  system, or deleting information; and
(7) ensure the ongoing retention of records
				  by the agency or the authorized transfer of records to an archives
				  facility.
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 188.22 - Operation of archives facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director shall operate the State
				  Archives facilities for the secure storage, preservation and research use of
				  records deemed by the director to have sufficient administrative, legal,
				  fiscal, educational, historical or other research value to warrant archival
				  retention and administration.
(b)
				  The director, in accepting records of an agency or a unit of the judiciary for
				  preservation in an archives facility, assumes official legal and physical
				  custody of the records, including responsibility for access to them; unless the
				  director agrees in advance to preserve and administer records which may remain
				  in the legal custody of an agency or a unit of the judiciary.
(c) After records are transferred to an
				  archival facility, the director may destroy from among the archival records
				  duplicate copies, nonrecord material, and any nonvaluable records that are so
				  identified as the records are processed and preserved.
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 188.23 - Transfer of agency records to the state archives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency records that have been determined
				  to have sufficient value to warrant preservation shall be transferred to the
				  official legal and physical custody of the State Archives when the originating
				  agency no longer needs to use the records for the purpose for which they were
				  created or when the records are infrequently, if ever, used in the conduct of
				  regular agency business, and when the director determines that protection and
				  research use of the records is most effectively and efficiently accomplished by
				  professional archival administration in an archives facility.
(b) Prior to any scheduled transfer of
				  records from an agency to the State Archives, the transferring agency shall
				  notify the State Archives using forms and procedures prescribed by the
				  director. These forms and procedures shall constitute a formal request from the
				  agency for the director to accept custody of a shipment of records consigned to
				  the State Archives.
(c) For
				  archival records stored temporarily in a records center facility, the State
				  Archives will notify the agency records management officer 40 days prior to the
				  scheduled date of transfer to an archives facility and the agency records
				  management officer shall approve or disapprove such transfer within 30 days of
				  receipt of the notice. Approval of the notice by an agency shall constitute a
				  formal request from the agency for the director to accept custody of a shipment
				  of records consigned to the State Archives.
(d) Archival records consigned to the State
				  Archives must be identified and packaged according to procedures established by
				  the director.
(e) Records storage
				  equipment received with transfers of records to the State Archives will be
				  retained or disposed of by the State Archives unless the transferring agency
				  requests their return.
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 188.24 - Identification, preservation, and public access to archival records of the judiciary

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the
				  request of the Chief Judge of the Court of Appeals or a presiding justice of
				  the Appellate Division of the Supreme Court or the Chief Administrator of the
				  Courts, the director shall review and recommend plans and procedures for the
				  disposition of judicial records in order to identify and insure the
				  preservation of those judicial records which warrant archival retention and
				  administration. In carrying out this function for court records administered by
				  local governments, the director also may consult with the New York State Local
				  Government Records Advisory Council.
(b) Archival records of the Unified Court
				  System may be transferred to the State Archives. Notwithstanding any other
				  provision of these rules, such archival judicial records shall be administered
				  and made available for public use according to conditions mutually agreed upon
				  by the director and the Chief Judge for records of the Court of Appeals; a
				  presiding justice for records of the Appellate Division of the Supreme Court;
				  and the Chief Administrator of the Courts for all other records of the Unified
				  Court System.