N.M. Admin. Code § 1.21.2.9
Current through Register Vol. 35, No. 21, November 5, 2024
Section 1.21.2.9 - INSTRUCTIONSA. The records retention and disposition schedule identifies the types of records maintained by all agencies and specifies a period of time for which the official copy of record must be retained. A retention period may be stated in terms of months or years and is contingent upon the occurrence of a trigger event. Each record classification will be itemized by NMAC section number and title in the format listed below. (1)Category - describes the hierarchy of the function(2)Description - describes the function of the record classification(3)Retention - defines the length of time records must be kept before they are eligible for destruction or archival preservationB. Record classification descriptions are not intended to be exhaustive. Descriptions may include records that do not appear in the files, and conversely, files may include records not listed in the description.C. Refer questions concerning the confidentiality of a record to legal counsel for the agency. For the destruction of confidential records, please refer to 1.13.30 NMAC.D. Public records should be maintained in their native format (paper/digital). Records may be microfilmed or digitized provided a microphotography plan has been approved by the state records administrator. Refer to Section 14-3-17 NMSA 1978 and 1.14.2 NMAC. Such photographs, microfilms, photographic film or microphotographs shall be deemed to be an original record for all purposes.E. Agencies are encouraged to create secondary and tertiary descriptors for each classification (e.g., account receivable - invoices - acme inc., goods and services - IT consulting - data hub LLC, infrastructure project files - railroad project - Lamy station upgrade, etc.). These additional descriptors will assist with the accessibility of the records. F. Upon storage or disposition, public records shall be classified according to content and retained at a minimum for the length of time specified in the records retention and disposition schedule.G. For guidance on electronic messaging, refer to 1.13.4 NMAC.H. For guidance on the destruction of non-record material, refer to 1.13.30 NMAC.I. Records classifications related to the legislative branch of government provided herein are applicable for legislative agencies that utilize the records center services and permanent archival repository.J. Non-scheduled public records created by an agency in pursuance of law or in connection with the transaction of public business shall have a retention period of permanent until such time the non-scheduled record has been scheduled and a retention period adhering to operational, legal, fiscal, historical or other purposes is established.K. For guidance on classifying county and municipal records, refer to the records retention and disposition guidance for counties and municipalities.L. For guidance on destruction of county records, refer to Section 14-1-8 NMSA 1978.M. Classifications that have a disposition of transfer to archives may be submitted for direct transfer before the allotted time period specified in the retention with the approval of the custodial agency and state records administrator.N. Upon adoption of this rule, records retained at the records center shall be reclassified according to the new records classifications for retention and disposition.O. The official copy of a record may contain duplicates of other records. If your program requires the submission of documentation, and your agency is not required to submit this documentation to another agency for additional or final processing, your agency is the keeper of the official copy of record.P. Records transferred to the state archives will be reviewed for final disposition.N.M. Admin. Code § 1.21.2.9
Adopted by New Mexico Register, Volume XXVI, Issue 17, September 15, 2015, eff. 10/1/2015, Amended by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 11/30/2015, Amended by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016, Amended by New Mexico Register, Volume XXIX, Issue 17, September 11, 2018, eff. 9/11/2018