Md. Code Regs. 14.18.02.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.18.02.07 - Procedures

A. Records Inventory.

(1) Agencies shall submit to Division for review a records inventory for each record series.

(2) For each record series in inventory, the following information is required:

(a) Name of the agency that created record;

(b) Record series title;

(c) Dates of the oldest and most recent records;

(d) Description of the types of information, data, or documents which includes:

(i) Physical form or forms, such as letter-size paper, legal-size paper, bound book, audio tape, electronic data, video tape, film, or other medium;

(ii) Total quantity of materials, stated in terms of number of units, such as cubic feet, reels of film, tapes, gigabytes of data;

(iii) Estimated annual growth;

(iv) Current location or locations;

(v) Index system used for access, if any;

(vi) Access restrictions, if any, based on laws or regulations (with citations); and

(vii) Audit requirements, if any.

B. Records Schedule.

(1) A Schedule shall be prepared by:

(a) Inventorying the records;

(b) Appraising the records;

(c) Preparing the schedule;

(d) Obtaining legal authorization for use of the schedule from the State Archivist.

(2) Schedules shall:

(a) Provide for periodic transfer to the Archives, at a stated frequency, of records designated to be of permanent value, including electronic records;

(b) Provide for annual or more frequent transfer to the Archives of master security microform designated as permanent;

(c) Designate agency publications as permanent and provide for copies to be sent to Archives;

(d) Define any access restrictions that apply, give legal or regulatory citation for access restrictions, and note when or under what circumstances those restrictions will be lifted; and

(e) Specify the length of time nonpermanent records will be kept in the agency or, if applicable, stored in a records center, or retained after required audit.

(3) Schedules containing new record series must be submitted to the Division with records inventories.

C. Legal Authorization and Implementation of Schedules.

(1) Before an agency submits to Division a proposed schedule, the schedule shall have been approved in writing by the agency director.

(2) Three signed copies of any proposed schedule and one copy of the records inventory accompanying each proposed schedule shall be submitted to Division for review.

(3) Proposed revisions made by Division and approved by the agency shall be incorporated into proposed schedule and signed by the agency director.

(4) The Division shall assign a control number (schedule number) and forward to Archives all three copies of proposed schedule, as amended or revised, and records inventory.

(5) Archives shall review proposed schedule and, if the State Archivist approves it as submitted, two copies signed by the State Archivist shall be returned to the Division (one copy for transmittal to the agency). If the State Archivist disapproves the proposed schedule, in whole or in part, the Archives shall return all copies to Division with a statement of reasons for disapproval. The Division then shall request the agency to modify the schedule and resubmit it to the State Archivist for approval.

(6) Until it has been approved in writing by the State Archivist, a schedule does not constitute legal authorization for the disposal of records.

(7) At any time, a schedule may be amended or revised by an agency, or at the request of Division or Archives. Reasons for amendments or revisions may include the creation of new record series, changes in record-keeping practices, changes in formats, or reorganization of an agency. To amend or revise a schedule, steps outlined in this chapter shall be followed.

Md. Code Regs. 14.18.02.07

Regulations .07 adopted effective July 12, 2010 (37:14 Md. R. 940)