Section 1-1508. THE DISPOSITION OF PUBLIC RECORDS

 

1508.1Until such time as the Administrator has issued new guidelines, agencies shall follow the principles, standards, and procedures set forth in the Records Management Handbook entitled The Disposition of Federal Records.

 

1508.2Each agency shall develop a records disposition program as follows:

 

(a)Inventory all records in the custody of the agency;

 

(b)Develop disposition standards for each type or series of records which specify whether the records are of permanent or temporary value;

 

(c)Formulate specific disposition instructions for each series of records based on disposition guidelines and instructions issued by the Administrator;

 

(d)Assemble the disposition standards and instructions for each series of records into a comprehensive agency Records Retention Schedule;

 

(e)Submit the proposed Records Retention Schedule for approval to the Archivist, the Administrator, and the Committee;

 

(f)Make any changes in the proposed Records Retention Schedule that may be requested by the Archivist, the Administrator, or the Committee; and

 

(g)Apply the approved Records Retention Schedule to all records of the agency.

 

1508.3Any Records Retention Schedule in effect on the date of September 5, 1985, shall remain in effect until it is amended or repealed pursuant to these regulations.

 

1508.4New District agencies shall complete a Records Retention Schedule within two (2) years of their establishment.

 

1508.5An approved agency Records Retention Schedule shall specify the proper disposition for all agency records. Recurring series of records of continuing value shall be scheduled for permanent retention and eventual transfer to the Archives. Recurring series of all other records shall be scheduled for destruction after a specified period of time based on administrative, fiscal, and legal requirements.

 

1508.6All agency Records Retention Schedules shall do the following:

 

(a)Be prepared in a form specified by the Administrator;

 

(b)Identify and describe clearly each series of records and contain disposition instructions that can be readily applied;

 

(c)Be prepared so that each subordinate office will have standing instructions detailing the destruction, transfer, or retention of records in its custody;

 

(d)Specify for temporary records a retention period of no more than five (5) years after creation, or five (5) years after the close of a transaction or case file, or five (5) years after an event; unless explicitly required by statute to retain the records for a longer period of time. Agency heads shall obtain written permission from the Administrator to retain temporary records longer than five (5) years for administrative purposes;

 

(e)Describe permanent records adequately to show the types of records, arrangement, content, and purpose of the series, finding aids and indexes, restrictions on access, and physical form if the records are nontextual items such as maps, photographs, microforms, sound recordings, computer tapes, or other nontextual records;

 

(f)Establish a cutoff period for permanent records after which they shall be offered to the Archives;

 

(g)Provide for the removal to the Records Center or other depository approved by the Administrator of those temporary records not eligible for immediate destruction which are no longer needed for the conduct of current business. Such records shall be maintained by the depository until they are eligible for further disposition action;

 

(h)Provide for the destruction of records that have served their statutory, fiscal or administrative uses in accordance with these regulations; and

 

(i)Provide for the retention of the minimum volume of current records in office space and equipment consistent with efficient operations.

 

1508.7After completion of its Records Retention Schedule, the agency shall forward the schedule to the Archivist for review, in the form and manner prescribed by the Administrator.

 

1508.8The Archivist shall examine the schedule to ensure that it meets the following criteria:

 

(a)The schedule is complete, accurate, and clear;

 

(b)The records designated as permanent have sufficient value to warrant their transfer to the Archives;

 

(c)No records having permanent value are scheduled for destruction; and

 

(d)The retention periods for temporary records are reasonable.

 

1508.9The Archivist shall notify the agency in writing if he or she disapproves the schedule. The agency shall make the necessary corrections or modifications and resubmit the schedule to the Archivist.

 

1508.10If the Archivist and the agency cannot agree on the retention period for any item, an appeal may be made to the Administrator for a decision. Differences shall be resolved prior to the submission of a schedule to the Committee.

 

1508.11After approval by the Archivist, the schedule shall be submitted to the Administrator for review and approval. The Administrator shall forward the schedule to the Committee for final approval.

 

1508.12After approval by the Committee, an agency Records Retention Schedule shall constitute the agency's legal authorization to implement the disposition instructions for the records covered by the schedule.

 

1508.13Provisions of approved agency Records Retention Schedules shall be applied only to records dated later than December 31, 1920. Agencies having records in their custody dated earlier than 1921 shall notify the Archivist and request an appraisal of the records.

 

1508.14Agencies shall review and update their Retention Schedule annually unless the Administrator determines that a longer period is appropriate.

 

1508.15Agencies shall schedule the records of new programs within two (2) years of their implementation.

 

1508.16Amendments to Retention Schedules may be initiated either by the agency or by the Archivist. Amendments shall be in a form prescribed by the Administrator and reviewed and approved in the same manner as the Retention Schedule.

 

1508.17The head of each agency shall carry out the provisions of an approved Retention Schedule on a continuing basis and in a manner that ensures maximum economy of space, equipment, and personnel.

 

1508.18The Administrator shall issue detailed instructions on procedures to follow in order to implement schedule provisions, and to transfer records to the Archives, Records Center, or other approved depository.

 

source

Final Rulemaking published at 34 DCR 7001, 7008-11 (October 30, 1987), as amended by Final Rulemaking published at 36 DCR 1085 (February 3, 1989).