Ala. Admin. Code r. 480-1-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024
Section 480-1-1-.07 - Records Retention
(1) All records of the Department shall be retained pursuant to the schedule approved by the State Records Commission which is adopted by reference in Rule 480-1-1-.03.
(a) Records shall be retained for a longer period of time if so provided by other applicable law or court order.
(b) The Director of Industrial Relations may prescribe a longer retention period than required by law, rule or court order.
(2) The Director of Industrial Relations shall prescribe the manner, form and location of retention.
(3) For convenient reference, the following is a list of major records of the Department and their retention schedules.
1. Workmen's Compensation Injury and Settlement Reports: current plus 12 years.
2. Labor Market Newsletters: current plus 4 years.
3. Personnel folders (individual) - terminated: permanent.
4. Legal decisions: permanent.
5. Legal briefs: permanent.
6. Circuit court case dispositions: permanent.
7. Legal opinions - informal: permanent.
8. Child labor issuing officer's correspondence (permits): current plus 5 years.
9. Child labor notice of violation: current plus 5 years.
10. Child labor permits - minors under 18 years of age: discard at age 18.
11. Child labor case files: permanent.
12. Board of Appeals trial dockets - unemployment compensation appeals: permanent.
13. Board of Appeals minutes: permanent.
14. Board of Appeals decisions: permanent.
15. Leases: 5 years after termination.
16. Superseded material from U. S. Department of Labor directives: current plus 2 years.
17. Unemployment compensation individual claim files to include state U.C., UCFE, UCX, Extended Benefit, TRA, DUA, and any other Federal claim, consisting of new and additional claims; copies of wage and separation information; determination; correspondence and other related claims documents: 5 years after the benefit year ends, or 3 months after final action, including appeals, has been taken on a claim, whichever is later.
18. All unemployment compensation continued claims consisting of pay order cards; claims for partial benefits, and interstate claims: 5 years after the benefit year ends or 3 months after final action has been taken whichever is later.
19. Unemployment compensation benefit checks and check registers; checks drawn against the unemployment compensation clearing account: 5 years after the date of their issuance, or 3 months after they have been audited by the State Examiner of Public Accounts, whichever is later. Related vouchers: 2 years after the date of their issuance, 3 months after they have been audited by the State Examiner of Public Accounts, whichever is later.
20. Employer Wage Reports: 5 years after the quarter for which the report is filed.
21. Employer Contribution Report: debit memoranda, credit memoranda and correspondence; tax refund checks and related vouchers; notices of benefit wage charges; benefit wage credits and denials of credits for rehire; Data Processing Employer History File and Daily Distribution Registers: 8 years after the year to which each relates.
22. Copies of tax rate notices: 8 years after the end of the tax year to which the rate applies.
23. Status reports of employers determined not subject to the unemployment compensation law and related correspondence after filming: Between 2 and 5 years after the status determination has been made with the approval of the Unemployment Compensation Director.
24. Proofs of debits; certificates of liens; executions, notices of bankruptcies, and powers of attorneys: Indefinitely with times of destruction to be determined by the Unemployment Compensation Director.
25. Records relating to overpayments, administrative penalties and criminal prosecution which have been incorporated into the individual claim files: 1 year after final action has been taken, including satisfaction of the overpayment, with the approval of the Director, Unemployment Compensation Agency.
26. Unemployment compensation appeals records consisting of notices of appeals; copies of subpoenas; notices and transcripts of hearings; decisions and related correspondence: 1 year after final action has been had on the appeal.

W. F. Willett, Jr.

Ala. Admin. Code r. 480-1-1-.07

Effective: September 30, 1982

Statutory Authority:Code of Ala. 1975, § 25-2-8.