TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 15 GENERAL
RECORDS RETENTION AND DISPOSITION SCHEDULES (GRRDS)
PART 2 GRRDS,
GENERAL ADMINISTRATIVE RECORDS
1.15.2.1 ISSUING
AGENCY: New Mexico Commission of Public Records -
State Records Center and Archives
[8/8/96;
1.15.2.1 NMAC - Rn, 1 NMAC 3.2.90.1, 10/01/2000]
1.15.2.2 SCOPE: All state agencies
[8/8/96;
1.15.2.2 NMAC - Rn, 1 NMAC 3.2.90.2, 10/01/2000]
1.15.2.3 STATUTORY
AUTHORITY: Section
14-3-4 NMSA 1978. It shall be the duty
of the commission to adopt and publish rules to carry out the purposes of the
Public Records Act. Section 14-3-6 NMSA
1978. The administrator shall establish
a records management program for the application of efficient and economical
management methods for the creation, utilization, maintenance, retention,
preservation and disposal of public records.
[8/8/96;
1.15.2.3 NMAC - Rn, 1 NMAC 3.2.90.3, 10/01/2000; A, 1/6/2002; A, 12/19/2011]
1.15.2.4 DURATION: Permanent
[8/8/96;
1.15.2.4 NMAC - Rn, 1 NMAC 3.2.90.4, 10/01/2000]
1.15.2.5 EFFECTIVE
DATE: December 30, 1998
[1.15.2.5
NMAC - Rn, 1 NMAC 3.2.90.10, 10/01/2000]
1.15.2.6 OBJECTIVE: To
establish a records retention schedule for the orderly management, retention,
disposition and preservation of records necessary for carrying out the Public
Records Act pursuant to Section 14-3-6 NMSA 1978.
[8/8/96;
1.15.2.6 NMAC - Rn, 1 NMAC 3.2.90.6, 10/01/2000; A, 1/6/2002; A, 12/19/2011]
1.15.2.7 DEFINITIONS:
A. "Administrator" means the state records administrator (Section 14-3-2
NMSA 1978).
B. "Agency" means any state agency, department, bureau, board,
commission, institution or other organization of the state government, the
territorial government and the Spanish and Mexican governments in New Mexico
(Section 14-3-2 NMSA 1978).
C. "Archives"
means the permanent records of the state of New Mexico, which may include
government and private collections of the Spanish, Mexican, territorial and
statehood periods, assessed to have significant historical value to warrant
their preservation by the state of New Mexico.
The term also refers to the organizational unit of the SRCA storing
these records.
D. "Disposition"
means final action that puts into effect the results of an appraisal
decision for a series of records (i.e., transfer to archives or destruction).
E. "Microphotography" means the transfer of images onto film and electronic
imaging or other information storage techniques that meet the performance
guidelines for legal acceptance of public records produced by information
system technologies pursuant to regulations adopted by the commission.
F. "Non-record" means extra copies of documents kept solely for
convenience of reference, stocks of publications, records not usually included
within the scope of the official records of an agency or government entity and
library material intended only for reference or exhibition. The following specific types of materials are
non-records: materials neither made nor
received in pursuance of statutory requirements nor in connection with the
functional responsibility of the officer or agency; extra copies of
correspondence; preliminary drafts; blank forms, transmittal letters or forms
that do not add information; sample letters; and reading file or informational
files.
G. "Public
record" means all books, papers, maps, photographs or other
documentary materials, regardless of physical form or characteristics, made or
received by any agency in pursuance of law or in connection with the
transaction of public business and preserved, or appropriate for preservation,
by the agency or its legitimate successor as evidence of the organization,
functions, policies, decisions, procedures, operations or other activities of
the government, or because of the informational and historical value of data
contained therein (Section 14-4-2 NMSA 1978).
H. "Records
custodian" means the statutory head of the agency using or maintaining
the records or the custodian's designee.
I. "Records management"
means the systematic control of all records from creation or receipt through
processing, distribution, maintenance and retrieval, to their ultimate
disposition.
J. "Records
retention and disposition schedule"
means rules adopted by the commission pursuant to Section 14-3-4 NMSA 1978
describing records of an agency, establishing a timetable for their life cycle
and providing authorization for their disposition.
K. "Retention"
means the period of time during which records must be maintained by an
organization because they are needed for operational, legal, fiscal, historical
or other purposes.
[8/8/96;
5/19/97; 1.15.2.7 NMAC - Rn, 1 NMAC 3.2.90.7, 10/01/2000; A, 1/6/2002; A, 1/5/2004; A, 12/19/2011]
1.15.2.8 ABBREVIATIONS AND ACRONYMS:
A. "CFR" stands for code of federal regulations.
B. "EDRRDS" stands for
education records retention and disposition schedules.
C. "ERRDS" stands for
executive records retention and disposition schedules.
D. "GRRDS" stands for
general records retention and disposition schedules.
E. "JRRDS" stands for
judicial records retention and disposition schedules.
F. "LRRDS" stands for
legislative records retention and disposition schedules.
G. "LGRRDS" stands
local government records retention and disposition schedules.
H. "SRCA" stands for
state records center and archives.
I. "USC" stands for United States code.
[8/8/96; 5/19/97; 1.15.2.8 NMAC - Rn, 1 NMAC 3.2.90.8,
10/01/2000; N, 1/6/2002; A, 12/19/2011]
1.15.2.9 INSTRUCTIONS:
A. Records retention and disposition schedules identify
the types of records maintained by state agencies and specify a period of time
which records must be retained. A
retention period may be stated in terms of months or years and is sometimes
expressed as contingent upon the occurrence of an event. There are several types of records retention
and disposition schedules created by the SRCA for state agencies. General schedules list records common to all
agencies and executive schedules list records specific to an agency. Each record series will be represented in the
format listed below.
(1) Program - describes the function of
the records
(2) Maintenance system - describes how
an agency files (organizes) records
(3) Description - describes the purpose
and content of a record
(4) Retention - defines the length of
time records must be kept before they are eligible for destruction or archival
preservation.
B. For records of a general administrative nature, refer
to the GRRDS, General Administrative, 1.15.2 NMAC.
C. For records of a financial nature, refer to the GRRDS,
General Financial, 1.15.4 NMAC.
D. For records of a personnel nature, refer to the GRRDS,
General Personnel, 1.15.6 NMAC.
E. For records of a medical nature, refer to the GRRDS,
General Medical, 1.15.8 NMAC.
F. Retention periods shall be extended until six months
after all current or pending litigation; current claims, audit exceptions or
court orders involving a record have been resolved or concluded.
G. The descriptions of files are intended to be
evocative, not complete. For example,
there will always be some documents that are included in a file that are not
listed in the description, and similarly, not every file will contain an
example of each document listed in the description.
H. Confidentiality is denoted for files likely to contain
confidential materials or information; however files without a confidentiality
note may contain confidential or privileged information. Failure to include a confidentiality note in
the description of a record series does not waive confidentiality. Refer questions concerning the
confidentiality of a file to legal counsel for the agency.
I. Access to confidential documents, information or files
shall be only by authorization of the agency records custodian (Section 14-2-8
NMSA 1978), or by the office of the attorney general or by court order, unless
otherwise provided by law. Release of
confidential documents to law enforcement and other government agencies, shall
only be upon specific statutory authorization or court order.
J. Records may be photographed,
microfilmed, digitized or converted to computer output microfilm provided a
microphotography plan has been approved by the state records administrator
(Section 14-3-17 NMSA 1978). Such
photographs, microfilms, photographic film or microphotographs shall be deemed
to be an original record for all purposes, including introduction as evidence
in all courts or administrative agencies (Section 14-1-6 NMSA 1978).
K. Public
records placed on magnetic tapes, disks or other data processing media shall be
retained for the length of time specified in records retention and disposition
schedules and are subject to the same confidentiality and access restrictions
as paper records. See also 1.13.70 NMAC,
Performance Guidelines for the Legal Acceptance of Public Records Produced by
Information Technology Systems.
L. Email
is a transmission medium for content that may or may not be a public
record. Email messages that contain
information sent or received by an agency in connection with the transaction of
official state business or in pursuance of law are public records and are
subject to retention requirements established in records retention and
disposition schedules. Email messages
are required to be categorized, filed and retained on the basis of content
(1.13.4 NMAC, Records Management Requirements for Electronic Messaging). The content of email messages may vary
considerably; therefore, each email shall be evaluated to determine if it meets
the definition of a public record as defined in the Public Records Act. Non-records or transitory emails that do not
provide evidence of official agency policies or business transactions may be deleted.
[1.15.2.9
NMAC - Rn, 1 NMAC 3.2.90.8 & A, 1/6/2002; A, 1/5/2004; A, 12/19/2011]
1.15.2.10 - 1.15.2.100 [RESERVED]
1.15.2.101 NON-RECORD
MATERIALS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: The
following specific types of materials are defined as non-record and may be
disposed of at the convenience of the agency when they have no more value/use
to the agency: extra copies of correspondence and other documents preserved only
for convenience of reference; blank forms, books, etc., which are outdated;
materials neither made nor received in pursuance of statutory requirement nor
in connection with the functional responsibility of the office/agency;
preliminary drafts of letters, reports, and memoranda which do not represent
significant basic steps in preparation of record documents; shorthand notes,
steno tapes, mechanical recordings which have been transcribed, except where
noted on agency retention schedule; routing and other interdepartmental forms
which do not add any significant material to the activity concerned; stocks of
publication already sent to archives and processed documents preserved for
supply purposes only; form and guide letters, sample letters, form paragraphs;
and all other materials either related or received in pursuance of statutory
requirements or in connection with the transaction of public business which
belong to the office concerned are government property and not personal
property of the officer or employees concerned. Therefore, any material not
included in the above definition cannot be destroyed, given or taken away, or
sold without complying with all the statutory requirements specifically
relating to said records.
D. Retention: none
[5/19/97; 1.15.2.101
NMAC - Rn, 1 NMAC 3.2.90.10.A101, 10/01/2000; A, 1/6/2002]
1.15.2.102 SUBJECT
FILES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: correspondence, memoranda, publications,
reports and other information received by agency and filed by subject. Also referred to as reading files or
information files.
D. Retention: until superseded or until information no
longer needed for reference
[5/19/97; 1.15.2.102
NMAC - Rn, 1 NMAC 3.2.90.10.A102, 10/01/2000; A, 1/6/2002]
1.15.2.103 PRIMARY
MISSION RECORDS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: files concerning the establishment of the
agency, its development and policies, its progress, operation summaries, plans
for future development, etc.
D. Retention: permanent
[5/19/97;
1.15.2.103 NMAC - Rn, 1 NMAC 3.2.90.10.A103, 10/01/2000; A, 1/6/2002]
1.15.2.104 AGENCY
ORGANIZATIONAL CHARTS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records that reflect the organizational
structure of the agency and its divisions.
Information includes a diagram shows a systematic and symbolic
arrangement of an agency’s divisions and programs areas by name and function.
D. Retention:
(1) executive
copy (agency director, deputy director and division director): until superseded and until no longer needed
for reference, then transfer to archives
(2) non
executive copies: until superseded by new
organizational chart
[5/19/97; Rn., 1 NMAC
3.2.90.10.10.A104.A & B, 12/30/98; 1.15.2.104 NMAC - Rn, 1 NMAC
3.2.90.10.A104.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.105 ADMINISTRATIVE
RULES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: rules, regulations, orders, statements of
policy, and amendments as defined and filed in compliance with the state rules
act. Administrative rules shall be filed
with state records center, rules division.
D. Retention:
(1) agency copy: until superseded or rescinded
(2) state records center (copy filed in
rules and publications division): permanent
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A105.A & B, 12/30/98;
1.15.2.105 NMAC - Rn, 1 NMAC
3.2.90.10.A105.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.106 ADMINISTRATIVE
FILES (EXECUTIVE LEVELS):
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records documenting actions of any agency
director, deputy director, and/or division directors. Files may include memoranda and reports
concerning agency policy, organization and program development records and
non-routine fiscal data and personnel information. These records reflect administration of policy,
coordination of agency functions and management of program activity.
D. Retention: after five years transfer to archives for
appraisal and final disposal
[5/19/97; 1.15.2.106
NMAC - Rn, 1 NMAC 3.2.90.10.A106, 10/01/2000; A, 1/6/2002]
1.15.2.107 ADMINISTRATIVE
REFERENCE FILES (NON-EXECUTIVE LEVELS):
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: routine office management files retained
below the agency director, deputy director and division director levels. Included are convenience copies of memoranda,
reports, printed matter and other reference materials. Topics include such subjects as: job
activities, program material, general office information, professional
associations, charitable affairs, parking for staff, disaster preparedness and
other related topics.
D. Retention: until no longer needed for reference
[5/19/97; 1.15.2.107
NMAC - Rn, 1 NMAC 3.2.90.10.A107, 10/01/2000; A, 1/6/2002]
1.15.2.108 ADMINISTRATIVE
CORRESPONDENCE FILES (EXECUTIVE LEVELS):
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: correspondence is related to the
administration of an agency or division. Communications concern coordination of
programs, agency policy and responsibilities of a non-routine nature that
impact on the agency or its divisions.
These letters are usually found at the agency director, deputy director
and division director levels. This
record group includes the correspondence files of all elected and appointed
officials.
D. Retention: two years after close of fiscal year in which
created then transfer to archives for appraisal and final disposal
[5/19/97; 1.15.2.108
NMAC - Rn, 1 NMAC 3.2.90.10.A108, 10/01/2000; A, 1/6/2002]
1.15.2.109 GENERAL
CORRESPONDENCE FILES (NON-EXECUTIVE LEVELS):
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: routine correspondence created or retained
below the levels of agency director, deputy director and division
director. Letters and memoranda reflect
communication regarding program procedures, general work activities, and
responses to information requests.
D. Retention: one year after close of fiscal year in which
created
[5/19/97; 1.15.2.109
NMAC - Rn, 1 NMAC 3.2.90.10.A109, 10/01/2000; A, 1/6/2002]
1.15.2.110 INTERSTATE
COMPACTS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: interstate compact or other intergovernmental
agreements as defined in the Public Records Act (Section 14-3-20 NMSA
1978). Interstate compacts and
intergovernmental agreements shall be filed with state records center, rules
and publications division (Section 14-3-20 NMSA 1978).
D. Retention:
(1) agency copy: six years after termination of compact or
agreement
(2) state
records center (copy filed in rules and publications division): permanent
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A110.A & B, 12/30/98;
1.15.2.110 NMAC - Rn, 1 NMAC
3.2.90.10.A110.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.111 EXECUTIVE
ORDER, PROCLAMATIONS AND LEGISLATIVE ADVISORIES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: instructions issued by the governor as the
chief executive of state government
D. Retention:
(1) agency copy: until superseded or rescinded
(2) governor’s
office copy: until transferred to archives for review
(3) copy
filed with state records center,
rules and publications division (Sections 14-4-2 and 14-4-4 NMSA 1978):
permanent
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A111.A, B & C, 12/30/98;
1.15.2.111 NMAC - Rn, 1 NMAC 3.2.90.10.
A111.1, 2, & 3, 10/01/2000; A, 1/6/2002]
1.15.2.112 GOVERNING
BOARD FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning agency dealings with the
governing board of said agency. File may
include original or copy of minutes of meetings, reports, related documentations,
correspondence, etc.
D. Retention: five years then transfer to archives for
appraisal and final disposal
[5/19/97; 1.15.2.112
NMAC - Rn, 1 NMAC 3.2.90.10.A112, 10/01/2000; A, 1/6/2002]
1.15.2.113 COMMITTEES
AND COUNCIL FILES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning various
committees/councils with which office and department deals. File may contain original or copy of minutes
of meetings, reports, notifications, correspondence, memoranda, related
documentation, etc.
D. Retention: five years after close of fiscal year in
which created
[5/19/97; 1.15.2.113
NMAC - Rn, 1 NMAC 3.2.90.10.A113, 10/01/2000; A, 1/6/2002]
1.15.2.114 MANUALS
OF PROCEDURES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: manuals of procedure prepared and published
by state agencies for the guidance of public officers and employees engaged in
operations required for the efficient operation of state and local government,
including but not limited to acquiring space, budgeting, accounting,
purchasing, contracting, vouchering, printing, appointment and dismissal of
employees, record maintenance, etc.
D. Retention:
(1) agency copy: until superseded by new manual of procedure
(2) state record
center copy (copy filed as publication with state records center: permanent
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A 114.A & B, 12/30/98; 1.15.2.114 NMAC - Rn, 1 NMAC 3.2.90.10.A114.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.115 POLICIES
AND PROCEDURES FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: reference copies of current policies and
procedures of government and non-government entities with which an agency deals
with
D. Retention: until superseded or obsolete
[5/19/97; 1.15.2.115
NMAC - Rn, 1 NMAC 3.2.90.10.A115, 10/01/2000; A, 1/6/2002]
1.15.2.116 LEGISLATIONS,
AGENCY FILES:
A. Program: administrative records
B. Maintenance
system: agency
preference
C. Description: documents pertaining to bills prospective legislation; copies
of bills and proposed (drafted) legislation.
Includes supporting material relating to legislation, such as newspaper
clippings, reports, correspondence, memoranda, etc.
D. Retention:
(1) enacted
legislation: fours years, then transfer to archives for
review and final disposal
(2) failed or
vetoed legislation: four years after close of fiscal
year in which created
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A116.A & B, 12/30/98;
1.15.2.116 NMAC - Rn, 1 NMAC
3.2.90.10.A116.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.117 REPORTS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: [RESERVED]
D. Retention:
(1) annual,
biennial or other periodic reports required by Article V, Section 9 N.M.
Constitution or by specific statue: permanent
(2) routine,
interim or progress reports: two years
after close of fiscal year in which created
(3) ad hoc
reports: none
[5/19/97;
1 NMAC 3.2.90.10.10.A117.A & B, 12/30/98;
1.15.2.117 NMAC - Rn, 1 NMAC
3.2.90.10.A117.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.118 ACCIDENT
REPORT FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: reports of accidents involving agency
personnel
D. Retention:
(1) files
resulting in no action, claim, or litigation: two
years after date of accident
(2) files
resulting in action, or claim, or litigation: until incorporated into worker’s compensation
file
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A118.A & B, 12/30/98; 1.15.2.118 NMAC - Rn, 1 NMAC 3.2.90.10.A118.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.119 MINUTES
OF MEETING:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records of official proceedings of governing
bodies. Information includes agenda,
date, place, list of attendees and a summary of discussion and decisions. Official minutes may also include all
informational attachments such as reports, surveys, proposal, studies and
charts distributed to members for discussion and for use in making decisions on
agency policy, planning and administrative matters. Official minutes shall include only those
documents/attachments that have been formally introduced as part of the records.
D. Retention:
(1) minutes of
meetings of boards, commissions or other policy making bodies, as defined in
Open Meetings Act (Section 10-15-1 NMSA 1978): permanent
(2) minutes of
meetings of all other bodies: five years
then transfer to archives for appraisal and final disposal
(3) tapes or
recordings of meeting: after minutes have been
transcribed and accepted at next meeting but no longer than two years after
meeting date
(4) all
other documentation including agenda, agenda package, etc: after next meeting date but no longer than
two years after meeting date
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A119.A, B, C
& D, 12/30/98; 1.15.2.119 NMAC -
Rn, 1 NMAC 3.2.90.10.A119.1, 2, 3 & 4, 10/01/2000; A, 1/6/2002]
1.15.2.120 APPLICATION
FOR EMPLOYMENT FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: applications for employment within particular
office/department. File may contain
applications, resume, letter of reference or recommendation, correspondence,
memoranda, related documentation, etc.
D. Retention:
(1) applications
and records for individuals hired: transfer to
personnel office when individual accepts position
(2) applications and records for individuals
not hired: transfer to personnel
office when position is filled
(3) unsolicited applications: transfer to personnel office when received
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A120.A, B &
C, 12/30/98; 1.15.2.120 NMAC - Rn, 1
NMAC 3.2.90.10.A120.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.121 PUBLIC
RELATIONS FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: information concerning agency publicity. File may include press releases, biographies,
newspaper clippings, promotional and materials, bulleting, broadcast scripts,
photographs, visual documentation and other related items.
D. Retention: until no longer needed for reference then
transfer to archives for appraisal and final disposal
[5/19/97; 1.15.2.121 -
Rn, 1 NMAC 3.2.90.10.A121, 10/01/2000; A, 1/6/2002]
1.15.2.122 MOTION
PICTURES OR VIDEO RECORDINGS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: [RESERVED]
D. Retention:
(1) documentary
or training films produced or funded by agency: until information value ends then transfer to
archives for review
(2) files
acquired from outside sources for personnel and management training: until informational value ends
(3) routine surveillance footage or
recordings: 30 days after date
created
(4) footage or
recordings that document routine meetings: 30
days after date created
[Rn, 1 NMAC 3.2.90.10.10.A122.A, B, C & D, 12/30/98;
1.15.2.122 NMAC - Rn, 1 NMAC
3.2.90.10.A122.1, 2, 3 & 4, 10/01/2000; A, 1/6/2002]
1.15.2.123 NEWPAPER
RELEASES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: includes news or press releases issued by the
agency
D. Retention: four years after close of fiscal year in
which created then transfer to archives for review
[5/19/97; 1.15.2.123
NMAC - Rn, 1 NMAC 3.2.90.10.A123, 10/01/2000; A, 1/6/2002]
1.15.2.124 PHOTOGRAPHS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: photographic proofs and negatives of agency
activities. Photographs may include
identification according to time, place and agency activity.
D. Retention: until no longer needed for reference then
transfer to archives for review
[5/19/97; 1.15.2.124
NMAC - Rn, 1 NMAC 3.2.90.10.A124, 10/01/2000; A, 1/6/2002]
1.15.2.125 PROPERTY
FILES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: record of deeds and leases to real property
owned or used by agency. Information
includes description and location of the property, maps, sale agreements, land
acquisition forms, deeds, lease agreements and related correspondence.
D. Retention:
(1) deeds and
related documentation (property control copy): permanent.
After property is sold, disposed of or relinquished, files may be
transferred to archives.
(2) leases and
related documentation (property control copy): six years after termination of lease then
transfer to archives for appraisal and final disposal
(3) deeds or
leases and related documentation (agency information copy): six years after termination of lease or six
years after property is sold, or disposed of, or relinquished
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A125.A, B & C, 12/30/98; 1.15.2.125 NMAC - Rn, 1 NMAC
3.2.90.10.A125.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.126 BUILDING
DRAWINGS, PLANS AND BLUEPRINTS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: original or photographic reproduction of
architectural plans or technical drawings. Access to documentation of
restricted or security areas (i.e., correctional facilities, museum and
archival vaults, etc) shall be limited to authorized personnel only.
D. Retention:
(1) property
control copy: permanent. After no longer needed for reference, files
may be transferred to archives.
(2) agency
information copy: until no longer needed for
reference then transfer to archives for appraisal and final disposal
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A126.A & B, 12/30/98; 1.15.2.126 NMAC - Rn, 1 NMAC
3.2.90.10.A126.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.127 SURVEYS
OR MAPS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: surveys or maps developed by an agency to
carry out its mission and function.
Information concerns roads, property lines, corners, monuments, road
marker placement, structures, sites and other related data.
D. Retention: until no longer needed for reference then
transfer to archives for appraisal and final disposal
[5/19/97;
1.15.2.127 NMAC - Rn, 1 NMAC
3.2.90.10.A127, 10/01/2000; A, 1/6/2002]
1.15.2.128 MAINTENANCE
SERVICE FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning maintenance services
conducted for office or department. File
may include work orders, maintenance reports, related documentation,
correspondence, memoranda, service agreements, etc.
D. Retention:
(1) service
agreements: six years after termination of agreement
(2) all other
records: three years after date of last entry
[5/19/97; Rn, 1 NMAC 3.2.90.10.10.A128.A & B, 12/30/98; 1.15.2.128 NMAC - Rn, 1 NMAC
3.2.90.10.A128.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.129 SUPPLIES
AND EQUIPMENT FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning supplies and
equipment. File may contain accounting
records, operating manuals, warranties, inventories, related documentation,
correspondence, memoranda, etc.
D. Retention:
(1) warranties: six years after termination of warranty
(2) equipment
records, including operating manuals:
until disposition of equipment
(3) supply records: three years after audit report released
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A129.A, B &
C, 12/30/98; 1.15.2.129 NMAC - Rn, 1
NMAC 3.2.90.10.A129.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.130 SURPLUS
PROPERTY FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning surplus property and its
disposition. File may contain
inventories, records of disposal, accounting information, related
documentation, correspondence, memoranda, etc.
D. Retention: one year after disposition of property or
three years after all audits are released, whichever is longer
[5/19/97;
1.15.2.130 NMAC - Rn, 1 NMAC 3.2.90.10.A130, 10/01/2000; A, 1/6/2002]
1.15.2.131 TELEPHONE
BILLINGS FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: reference copies of monthly office telephone
bills
D. Retention: until audit report released
[5/19/97;
1.15.2.131 NMAC - Rn, 1 NMAC 3.2.90.10.A131, 10/01/2000; A, 1/6/2002]
1.15.2.132 TELEPHONE
LOGS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: listings of telephone calls made by agency
personnel for a particular time period.
Logs may reflect date, time, caller, recipient of call, nature of
business discussed, etc.
D. Retention: three years after close of fiscal year in
which created
[5/19/97;
1.15.2.132 NMAC - Rn, 1 NMAC 3.2.90.10.A132, 10/01/2000; A, 1/6/2002]
1.15.2.133 WORK
ORDERS FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: work orders submitted to maintenance office
or physical plant
D. Retention:
(1) reference
copy (copy maintained by entity requesting work): until work completed
(2) maintenance
office or physical plant office copy: one year
after work completed
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A133.A & B, 12/30/98; 1.15.2.133 NMAC - Rn, 1 NMAC
3.2.90.10.A133.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.134 CALENDAR
OF EVENTS FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: reference copies of agency calendars of
events
D. Retention: until superseded or obsolete
[5/19/97;
1.15.2.134 NMAC - Rn, 1 NMAC 3.2.90.10.A134, 10/01/2000; A, 1/6/2002]
1.15.2.135 SCHEDULES
OF DAILY ACTIVITIES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: record used to keep track of work related
events and commitments of agency staff-members.
Record includes daily appointments books, calendars and other records
indicating dates for meeting and work activities.
D. Retention: until no longer needed for reference but no
longer than one year after close of calendar year in which created
[5/19/97;
1.15.2.135 NMAC - Rn, 1 NMAC 3.2.90.10.A135, 10/01/2000; A, 1/6/2002]
1.15.2.136 LISTS
OR DIRECTORIES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: includes mailing lists, directories, rosters
and registers compiled by the agency.
D. Retention: until superseded
[5/19/97;
1.15.2.136 NMAC - Rn, 1 NMAC 3.2.90.10.A136, 10/01/2000; A, 1/6/2002]
1.15.2.137 SPEECH
FILES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: transcripts of speeches given by agency
personnel. Speeches concern program
procedures, work activities and related topics.
D. Retention:
(1) executive
levels (including elected and appointed officials): until no longer needed for reference, then
transfer to archives for appraisal and final disposal
(2) non-executive
levels: until no longer needed for reference
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A137.A & B, 12/30/98;
1.15.2.137 NMAC - Rn, 1 NMAC
3.2.90.10.A137.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.138 CONFERENCES
OR WORKSHOPS ATTENDED FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records of conference or workshops attended
office or departmental personnel. File
may contain agendas, programs, handouts, correspondence, memoranda, related
documentation, etc.
D. Retention: until no longer needed for reference
[5/19/97;
1.15.2.138 NMAC - Rn, 1 NMAC 3.2.90.10.A138, 10/01/2000; A, 1/6/2002]
1.15.2.139 CONFERENCES
OR WORKSHOPS CONDUCTED FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records of conferences or workshop conducted
by office or departmental personnel.
File may contain agendas, programs, handouts, reports, training
material, critiques, questionnaires, correspondence, memoranda, related
documentation, etc.
D. Retention: after five years transfer to archives for
appraisal and final disposal
[5/19/97;
1.15.2.139 NMAC - Rn, 1 NMAC 3.2.90.10.A139, 10/01/2000; A, 1/6/2002]
1.15.2.140 SIGNATURE
AUTHORIZATIONS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: record authorizing person to sign fiscal
documents, personnel documents, etc.
D. Retention: one year after close of fiscal year in which
created
[5/19/97;
1.15.2.140 NMAC - Rn, 1 NMAC 3.2.90.10.A140, 10/01/2000; A, 1/6/2002]
1.15.2.141 ALCOHOL
AND DRUG ABUSE PROGRAM FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning the administration of the
agency’s alcohol and drug abuse program
D. Retention: three years after close of fiscal year in
which created
[5/19/97;
1.15.2.141- Rn, 1 NMAC 3.2.90.10.A141, 10/01/2000; A, 1/6/2002]
1.15.2.142 OVERTIME
FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records of overtime by office or department
personnel
D. Retention: one year after overtime accrual date (Section
37-1-5 NMSA 1978)
[5/19/97;
1.15.2.142 NMAC - Rn, 1 NMAC 3.2.90.10.A142, 10/01/2000; A, 1/6/2002]
1.15.2.143 AFFIRMATIVE
ACTION OR EQUAL EMPLOYMENT OPPORTUNITY FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning agency’s affirmative
action or equal opportunity program.
File may include regulations and guidelines, policies, reports, studies,
correspondence and related records.
D. Retention:
(1) annual plan: three years after date issued then transfer
to archives for appraisal and final disposal (1.15.6.116 NMAC)
(2) regulation,
policies, guidelines, reference materials: until
obsolete or superseded then transfer to archives for appraisal and final
disposal
(3) grievance or
complaint files: one year after case closed
(1.15.6.118 NMAC)
(4) compliance
reviews: after five years transfer to archives for appraisal
and final disposal
(5) remaining
records: two years after date created
E. Confidentiality: (Section 10-15-1 NMSA 1978)
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A143.A, B, C, D
& E, 12/30/98; 1.15.2.143 NMAC -
Rn, 1 NMAC 3.2.90.10 A143.1, 2, 3, 4 & 5, 10/01/2000; A, 1/6/2002]
1.15.2.144 SEARCH
COMMITTEE FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning activities of specially
formed search committees charged with recruiting new or replacement agency
personnel. File may include resumes,
applications, correspondence, related records, memoranda, etc.
D. Retention:
(1) applications
and records for individuals hired: transfer to
personnel office when individual accepts position
(2) applications
and records for individuals not hired: transfer to
personnel office when position is filled
(3) unsolicited
applications: transfer to personnel office when
received
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A144.A, B &
C, 12/30/98; 1.15.2.144 NMAC - Rn, 1
NMAC 3.2.90.10.A144.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.145 JOINT
POWERS AGREEMENTS:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: written contractual agreement entered into
between two or more public agencies subject to any constitutional or
legislative restrictions imposed upon any of the contracting public agencies
(Joint Powers Agreement Act, Section 11-1-1 to Section 11-1-7 NMSA).
D. Retention: 10 years after termination of agreement, then
transfer to archives for review and final disposition
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A145.A & B, 12/30/98;
1.15.2.145 NMAC - Rn, 1 NMAC
3.2.90.10.A145.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.146 DISASTER
RECOVERY FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning the preparation of
disaster plan and the organization of salvage procedures for the agency. Records include disaster recovery plan,
salvage procedures, information on training in disaster recovery techniques,
etc.
D. Retention: until superseded by new plan or
information. A copy of this file should
be stored off-site. In the event of a
disaster, all copies of this file shall be retained until any or all
investigations have been concluded.
[5/19/97; 1.15.2.146
NMAC - Rn, 1 NMAC 3.2.90.10.A146, 10/01/2000; A, 1/6/2002]
1.15.2.147 BUILDING
EMERGENCY EVACUATION FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: records concerning the safe and orderly
evacuation of a building. Records
include evacuation plan, list of designated fire captains or coordination
leaders, training information, etc.
D. Retention: until superseded by new plan or information
[5/19/97;
1.15.2.147 NMAC - Rn, 1 NMAC 3.2.90.10.A147, 10/01/2000; A, 1/6/2002]
1.15.2.148 INTERNAL
AUDIT FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: internal audits of agency programs,
operations and of external contractors and grantees. File may contain audit plan, entrance and
exit conference documentation, procedure questionnaires, correspondence,
memoranda, supporting documentation and final audit report. [This record series
does not include agency’s external audit report.]
D. Retention: five years after close of fiscal year audited
[5/19/97;
1.15.2.148 NMAC - Rn, 1 NMAC 3.2.90.10.A148, 10/01/2000; A, 1/6/2002]
1.15.2.149 FINDING
AIDS (INDEXES):
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: indexes, lists, registers and other finding
aids used to provide access to records.
D. Retention: until superseded or until related records are
destroyed
[5/19/97;
1.15.2.149 NMAC - Rn, 1 NMAC 3.2.90.10.A149, 10/01/2000; A, 1/6/2002]
1.15.2.150 PROJECT
CONTROL FILE:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: memoranda, reports and other records
documenting assignments, progress and completion of project. [Records
series does not include construction project files.]
D. Retention: one year after close of fiscal year in which project
completed or cancelled
[5/19/97;
1.15.2.150 NMAC - Rn, 1 NMAC 3.2.90.10.A150, 10/01/2000; A, 1/6/2002]
1.15.2.151 FEASIBILITY
STUDIES:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: studies requested/conducted prior to the
acquisition, installation, implementation and/or purchase of new technologies,
equipment, properties,
projects, etc. [Studies may be
incorporated into other files (i.e., project files)].
D. Retention:
(1) studies
requested or conducted by agency: five years
after completion or cancellation of study
(2) courtesy
copies received by agency: until informational value ends
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A151.A & B, 12/30/98;
1.15.2.151 NMAC - Rn, 1 NMAC
3.2.90.10.A151.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.152 CODE
OF CONDUCT:
A. Program: administrative records
B. Maintenance
system: agency preference
C. Description: prescribed standards are peculiar and
appropriate to the function and purpose for which the agency or institution was
created and exists. [All codes approved
by the governor shall be filed with the secretary of state and shall be open to
public inspection] (Section 10-16-11-NMSA 1978).
D. Retention:
(1) agency copy: until superseded by new code
(2) secretary of
state: permanent
[5/19/97;
Rn, 1 NMAC 3.2.90.10.10.A152.A & B, 12/30/98;
1.15.2.152 NMAC - Rn, 1 NMAC
3.2.90.A152.1 & 2, 10/01/2000; A, 1/6/2002]
1.15.2.153 - 1.15.2.200 [RESERVED]
1.15.2.201 INSURANCE
POLICY FILE:
A. Program: risk management records.
B. Maintenance
system: agency preference
C. Description: records concerning insurance coverage of
agency property (building and contents, equipment, automobiles, etc)
D. Retention:
(1) insurance
policy: 10 years after expiration of policy provided
no claims or suits pending
(2) claim files: three years after case closed
[Rn, 1 NMAC 3.2.90.10.20.A201.A & B, 12/30/98; 1.15.2.201 NMAC - Rn, 1 NMAC 3.2.90.10.A201.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.202 GROUP
INSURANCE POLICY FILE:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning insurance coverage of
agency employees (health, life, accident and long term disability)
D. Retention:
(1) group
insurance policy: 10 years after expiration of
policy provided no claims or suits pending
(2) individual
employee policy holders’ records (waiver and enrollment forms applicable to
group insurance in effect): three years after employee
terminated or retired or three years after termination of effective period
(3) claim files
(copies): until information value ends
E. Confidentiality: claim files containing health information are
confidential (Section 14-6-1 NMSA)
[Rn, 1 NMAC 3.2.90.10.20.A202.A, B & C, 12/30/98; 1.15.2.202 NMAC - Rn, 1 NMAC
3.2.90.10.A202.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.203 LIABILITY
CERTIFICATES OF COVERAGE FILE:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning insurance coverage of
agency liability
D. Retention:
(1) certificate
(policy): 10 years after expiration of policy provided
no claims or suits pending
(2) claim files: three years after case closed
E. Confidentiality: claim files containing health information are
confidential (Section 14-6-1 NMSA)
[Rn, 1 NMAC 3.2.90.10.20.A203.A & B, 12/30/98; 1.15.2.203 NMAC - Rn, 1 NMAC 3.2.90.10.A203.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.204 SURETY
BOND FILE:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning surety bond coverage of
agency employees and person acting on behalf of or in service to the agency in
any official capacity.
D. Retention:
(1) certificate
(policy): 10 years after expiration of policy provided
no claims or suits pending
(2) claim files: three years after case closed
[Rn, 1 NMAC 3.2.90.10.20.A204.A & B, 12/30/98; 1.15.2.204 NMAC - Rn, 1 NMAC 3.2.90.10.A204.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.205 WORKER’S
COMPENSATION FILE:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning workers’ compensation
claims against agency. File may include
legal options and briefs, court documents, transcripts, affidavits,
photographs, findings, recommendation, correspondence, related records, etc.
D. Retention:
(1) policy: 10 years after expiration of policy provided
no claims or suits pending
(2) claim files: three years after case closed
E. Confidentiality: claim files containing health information are
confidential (Section 14-6-1 NMSA)
[Rn, 1 NMAC 3.2.90.10.20.A205.A & B, 12/30/98; 1.15.2.205 NMAC - Rn, 1 NMAC 3.2.90.10.A205.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.206 TITLE
INSURANCE POLICY:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning the insurance coverage of
titles of agency owned property.
D. Retention:
(1) policy: until property sold or disposed of provided
no claims or suits pending
(2) claim files: three years after case closed
[Rn, 1 NMAC 3.2.90.10.20.A206.A & B, 12/30/98; 1.15.2.206 NMAC - Rn, 1 NMAC 3.2.90.10.A206.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.207 INSURANCE
APPRAISAL OR SURVEY FILE:
A. Program: risk management records
B. Maintenance
system: agency preference
C. Description: records concerning insurance appraisal or
surveys.
D. Retention: until information value ends
[Rn, 1 NMAC 3.2.90.10.20.A207, 12/30/98; 1.15.2.207 NMAC - Rn, 1 NMAC 3.2.90.10.A207,
10/01/2000; A, 1/6/2002]
1.15.2.208 MATERIAL SAFETY DATA SHEETS:
A. Program: risk management records
B. Maintenance system: agency preference
C. Description: records concerning safety information on chemical
products used by the staff. Material
safety data sheet may contain information on chemical ingredients, hazards
identification, first-aid measures, fire fighting measures, accidental release
measures, handling and storage, exposure controls or personal protection,
agency name or vendor name, physical and chemical properties, toxicological
information, etc.
D. Retention: 30 years after discontinuance of substance per
29 CFR 1910.1020(d) (1) (ii)(B)
[1.15.2.208 NMAC - N,
1/10/2005]
1.15.2.209 - 1.15.2.300 [RESERVED]
1.15.2.301 DOCUMENTATION
TAPE FILE:
A. Program: electronic records
B. Maintenance
system: agency preference
C. Description: data processing tapes provided documentation
for operation systems. Tapes include
data systems specifications, systems tests documentation, file specifications,
user guides, output specifications, reports and information retrieval data.
D. Retention:
(1) approved
systems: one year after discontinuance of system
provided all magnetic data files are authorized for disposal or transferred to
new or alternate system. System test
documentation for approved systems may be destroyed one year after completion
of testing.
(2) disapproved
proposed systems: one year after date of final
action
E. Confidentiality: proprietary software is confidential
(copyright, protection of rights, 17 USC, Sections 102, 106 and 117).
[Rn, 1 NMAC 3.2.90.10.30.301.A, & B, 12/30/98; 1.15.2.301 NMAC - Rn, 1 NMAC 3.2.90.10.A301.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.302 OPERATION
SYSTEM BACKUP:
A. Program: electronic records
B. Maintenance
system: agency preference
C. Description: operation system backups. Contain data concerning agency’s fiscal
operation and transactions, legal investigations and proceedings, studies,
supply management, personnel and pay administration, etc.
D. Retention:
(1) annual
system backup: erase or dispose of when data
contained has met its retention period provided approval to destroy data has
been received from office or department to which data belongs.
(2) quarterly
system backup: after five cycles
(3) monthly
system backup: after four cycles
(4) weekly system
backup: after six cycles
(5) daily system
backup: after eight cycles
(6) incremental
system backup: until completion of next full
system backup
[Rn, 1 NMAC 3.2.90.10.30.A302.A, B, C, D, E & F, 12/30/98;
1.15.2.302 NMAC - Rn, 1 NMAC
3.2.90.10.A302.1, 2, 3, 4, 5 & 6, 10/01/2000; A, 1/6/2002]
1.15.2.303 [RESERVED]
[Rn,
1 NMAC 3.2.90.10.30.A303, 12-30-98; 1.15.2.303 NMAC - Rn, 1 NMAC
3.2.90.10.A303, 10/01/2000; A, 1/6/2002; A, 07/15/2004,
Repealed, 07/23/2007]
[Refer to 1.13.4 NMAC,
Records Management Requirements for Electronic Messaging for guidance on
electronic mail.]
1.15.2.304 TEST FILES:
A. Program: electronic
records
B. Maintenance
system: entity preference
C. Description: records
concerning test results for upgrades, migration or compliance. File may contain system specifications,
hardware specifications, computer printouts, notes, correspondence, e-mail,
electronic logs, pre and post test results, bench mark results, operating
system version, application version, testing personnel name, etc.
D. Retention: two years
after system goes into production
[9-30-99;
1.15.2.304 NMAC - Rn, 1 NMAC 3.2.90.10.A304, 10/01/2000; A, 1/6/2002; A,
7-22-2002]
1.15.2.305 COMPUTER SYSTEM ACCESS REQUEST:
A. Program: information
system technology unit
B. Maintenance
system: agency preference
C. Description: hardcopy input
document used to request or modify a user's systems access. Record may contain user name, user number,
request date, organization or unit identifier code, position title,
justification, written approval, user social security number, requested login
identity, system name, domain name, group name, restrictions, etc.
D. Retention:
(1) Paper: until entered and system verified
(2) Data: three years after no longer employed with the
agency.
E. Confidentiality: portions of record may contain confidential
per 20 CFR 401
[1.15.2.305 NMAC - N,
7-22-2002]
1.15.2.306 WEBSITE:
A. Program: public relations
B. Architecture: The overall
design of a website, which can encompass hardware and software, consisting of
the how the components are designed, connected to, and operate with one
another. The architectural design also
contains information on the development and maintenance of informational or
transactional websites that may contain documentation on the platform and
associated software necessary to operate and maintain an internet or intranet
presence.
(1) informational website: informational web sites contain information
and do not support or conduct business transactions.
(2) transactional website: transactional web sites contain information
and possess the ability to conduct business transactions.
C. Description: records and
information hosted electronically and accessible through the internet or
intranet. A website may contain
information regarding the mission of an agency or the reason for the
establishment of a web presence. The
website may contain replicated information from an agency such as, names of
staff, announcements of meetings, calendar of events, press releases, annual
reports, strategic plans, surveys, images, multimedia, audio, transactional
forms or pages (e-commerce), etc. The
website may also contain unique information found only on the website.
D. Retention:
(1) platform (software): one year after discontinuance of the system.
(2) web content:
(a) unique records or information: see the general or agency program schedule
for retention.
(b) replicated information: until superseded or no longer relevant.
(3) web site structure:
(a) informational web site: one year after site is updated or changed.
(b) transactional web site: three years after site is updated or changed.
[Transactional web sites contain or support transactions such as registrations,
purchases, etc.]
E. Nota
bene:
(1) the use of contractors or another entity
to host an agency’s website does not release an agency from the custodial
obligation for the maintenance, preservation, and disposition of the agency’s
records.
(2) agencies may wish to include a statement
to the effect that the information provided on the website is for informational
purposes and that the official copy of record(s) can be found at the agency. See subsection K of 1.15.2.9 NMAC of this
rule for further information.
(3) because applicable statutes or laws may
vary, agencies may wish to consult with legal counsel for applicable citations
for websites conducting business transactions or containing confidential
information.
[1.15.2.306 NMAC - N,
1/5/2004]
1.15.2.307 PUBLICATIONS:
A. Program: public relations
B. Maintenance
system: chronological by publication date
C. Description: printed work
regardless of format or method of reproduction published by any state agency or
political subdivision for distribution and that is produced by the authority of
or at the total or partial expense of a state agency or is required to be
distributed under law by the agency; and is publicly distributed outside the
agency by or for the agency.
D. Retention:
(1) Publications filed with the state
library per Section 18-2-4.1 NMSA 1978:
(a) Agency's copy: until
superseded or until information no longer needed for reference
(b) State library's copy: permanent
(c) State archive's copy: permanent
(2) All other publications: transfer to archives for review and
final disposition
[1.15.2.307 NMAC - N,
07/15/2004]
[For filing publications with
the state library refer to 1.25.10.9 NMAC.]
1.15.2.308 - 1.15.2.400 [RESERVED]
1.15.2.401 LEGAL
CASE FILE:
A. Program: legal office records
B. Maintenance
system: agency preference
C. Description: records
concerning litigation. Records may contain complaints, court order, motion,
pleadings, notes, briefs, releases, investigative reports, investigative
activity logs, transcripts, closing sheets, correspondence, memoranda, etc.
D. Retention:
(1) Legal
case files: 10 years after case
closed
(2) Legal case
files involving minors: 10 years after case closed or until any minor involved attains age 21,
whichever is longer
(3) Legal case
files involving real property: 10 years after case closed or until state no
longer has an interest, whichever is longer
E. Confidentiality: per Sections 14-2-1 NMSA 1978, 32A-1-3.B NMSA
1978, 32A-2-32 NMSA 1978, 32A-3B-22 NMSA 1978, 32A-4-33 NMSA 1978, 32A-5-8 NMSA
1978, and 32A-6-15 NMSA 1978
[Rn, 1 NMAC 3.2.90.10.40.A401, 12/30/98; 1.15.2.401 NMAC - Rn, 1 NMAC 3.2.90.10.A401,
10/01/2000; A, 1/6/2002]
1.15.2.402 LEGAL
BRIEF FILE (BRIEFBANK):
A. Program: legal office records
B. Maintenance
system: agency preference
C. Description: contains duplicate copy of legal briefs from
legal case file.
D. Retention: until no longer needed for reference
[Rn, 1 NMAC 3.2.90.10.40.A402, 12/30/98; 1.15.2.402 NMAC - Rn, 1 NMAC 3.2.90.10.A402,
10/01/2000; A, 1/6/2002]
1.15.2.403 LEGAL
CASE LOG:
A. Program: legal office records
B. Maintenance
system: agency preference
C. Description: listing of cases.
D. Retention: 10 years after all cases listed are
closed. Log may be destroyed when
information transferred to or is available on electronic media.
[Rn, 1 NMAC 3.2.90.10.40.A403, 12/30/98; 1.15.2.403 NMAC - Rn, 1 NMAC 3.2.90.10.A403,
10/01/2000; A, 1/6/2002]
1.15.2.404 LEGAL
CASE INDEX:
A. Program: legal office records
B. Maintenance
system: agency preference
C. Description: includes notations on activities related to
case indexed
D. Retention: filed in legal case log when case closed
[Rn, 1 NMAC 3.2.90.10.A404, 12/30/98; 1.15.2.404 NMAC - Rn, 1 NMAC 3.2.90.10.A404,
10/01/2000; A, 1/6/2002]
1.15.2.405 LEGAL
OPINIONS AND REQUESTS FOR OPINION FILE:
A. Program: legal office records
B. Maintenance
system: agency preference
C. Description: records requesting legal office to
render/issue an opinion. May contain
request, opinion, relating documentation, correspondence, memoranda, etc. File includes attorney general opinion and
requests for opinions.
D. Retention:
(1) legal office
(issuing entity): permanent
(2) office or
department (requesting entity): until no
longer needed for reference
[Rn, 1 NMAC 3.2.90.10.40.A405.A & B, 12/30/98; 1.15.2.405 NMAC - Rn, 1 NMAC 3.2.90.10.A405.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.406 - 1.15.2.500 [RESERVED]
1.15.2.501 OFFENSE
OR INCIDENT REPORTS:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: shows offender’s name, offender information,
date and time and location of occurrence, information of incident, reporting witness
name, name of investigating officer, narrative, etc. Includes bomb threat reports. Includes reports concerning victims of
alleged criminal offenses occurring on agency property.
D. Retention: five years after date of occurrence
[Rn, 1 NMAC 3.2.90.10.50.A501, 12/30/98; 1.15.2.501 NMAC - Rn, 1 NMAC 3.2.90.10.A501,
10/01/2000; A, 1/6/2002]
1.15.2.502 DISPATCH
RECORDS:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: records concerning the dispatch of agency
security. Record may show offense or
incident reported, complainant’s name, place of occurrence, address, date and
time, complaint received, dispatcher’s name, name of officer dispatched, etc.
D. Retention: 18 months from date of call
[Rn, 1 NMAC 3.2.90.10.50.A502, 12/30/98; 1.15.2.502 NMAC - Rn, 1 NMAC 3.2.90.10.A502,
10/01/2000; A, 1/6/2002]
1.15.2.503 RADIO
LOGS:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: shows unit number, time and date of call, nature
of call, etc.
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.50.A503, 12/30/98; 1.15.2.503 NMAC - Rn, 1 NMAC 3.2.90.10.A503,
10/01/2000; A, 1/6/2002]
1.15.2.504 BUILDING
ENTRANCE LOG:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: shows agency name, building, employee
identification, time in, time out, time alarm reset, etc.
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.50.A504, 12/30/98; 1.15.2.504 NMAC - Rn, 1 NMAC 3.2.90.10.504,
10/01/2000; A, 1/6/2002]
1.15.2.505 SECURITY
GATE LOG:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: records documenting the vehicles entering and
leaving monitored or secured area. Show
date, vehicle identification, driver identification, time in, time out, etc.
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.50.A505, 12/30/98; 1.15.2.505 NMAC - Rn, 1 NMAC 3.2.90.10.A505,
10/01/2000; A, 1/6/2002]
1.15.2.506 ALARM
DATA RECORDS:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: shows date and time of alarm, alarm number,
etc.
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.50.A506, 12/30/98; 1.15.2.506 NMAC - Rn, 1 NMAC 3.2.90.10.A506,
10/01/2000; A, 1/6/2002]
1.15.2.507 PARKING
ASSIGNMENT FILE:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: record concerning staff parking assignments
D. Retention: until superseded or obsolete
[Rn, 1 NMAC 3.2.90.10.50.A507, 12/30/98; 1.15.2.507 NMAC - Rn, 1 NMAC 3.2.90.10.A507,
10/01/2000; A, 1/6/2002]
1.15.2.508 PARKING
SERVICES CASHIER’S RECEIPT:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: copies of receipt issued for monies received
for parking on agency property.
D. Retention: three years after close of fiscal year in
which created
[Rn, 1 NMAC 3.2.90.10.A508, 12/30/98; 1.15.2.508 NMAC - Rn, 1 NMAC 3.2.90.10.A508,
10/01/2000; A, 1/6/2002]
1.15.2.509 VEHICLE
ACCIDENT REPORT FILE:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: records concerning each vehicle accident
reported on agency property. File may
include medical records, offense/incident, reports, affidavits, photographs, diagrams, related
documentation, correspondence, memoranda, etc.
D. Retention:
(1) fatal
accidents: 25 years after date of accident
(2) non-fatal
accidents: 10 years after date of accident
E. Confidentiality:
(Section 66-7-13, 66-7-215 and Section 14-6-1 NMSA 1978)
[Rn, 1 NMAC 3.2.90.10.50.A509.A & B, 12/30/98; 1.15.2.509 NMAC - Rn, 1 NMAC 3.2.90.10.A509.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.510 WRECKER
LOG:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: record of vehicles towed away. Record may show date and time, name of
wrecking company, operator, make of vehicle, license number, owner, location,
reason for towing vehicle, etc.
D. Retention: one year after close of fiscal year in which
created
[Rn, 1 NMAC 3.2.90.10.50.A510, 12/30/98; 1.15.2.510 NMAC - Rn, 1 NMAC 3.2.90.10.A510,
10/01/2000; A, 1/6/2002]
1.15.2.511 VISITOR
CONTROL FILE:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: registers or logs used to record names of
outside contractors, service personnel, visitors, employees admitted to areas.
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.50.A511, 12/30/98; 1.15.2.511 NMAC - Rn, 1 NMAC 3.2.90.10.A511,
10/01/2000; A, 1/6/2002]
1.15.2.512 KEY
ACCOUNTABILITY RECORDS:
A. Program: security records
B. Maintenance
system: agency preference
C. Description: records relating to accountability for keys
issued
D. Retention:
(1) for security
areas: three years after keys turned in
(2) all other
areas: six months after keys turned in
[Rn, 1 NMAC 3.2.90.10.50.A512.A & B, 12/30/98; 1.15.2.512 NMAC - Rn, 1 NMAC 3.2.90.10.A512.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.513 - 1.15.2.600 [RESERVED]
1.15.2.601 ACCESSION
RECORDS:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records concerning the acquisition of library
monographs, films, photographs, collection, etc. Records may show accession
number, author, title, publisher, date of publication, cost of acquisition, etc.
D. Retention: permanent
[Rn, 1 NMAC 3.2.90.10.60.A601, 12/30/98; 1.15.2.601 NMAC - Rn, 1 NMAC 3.2.90.10.A601,
10/01/2000; A, 1/6/2002]
1.15.2.602 CATALOG
HOLDINGS:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: record of library holdings in manuscript,
printed catalog, or continuously updated catalog forms.
D. Retention: until superseded
[Rn, 1 NMAC 3.2.90.10.60.A602, 12/30/98; 1.15.2.602 NMAC - Rn, 1 NMAC 3.2.90.10.A602,
10/01/2000; A, 1/6/2002]
1.15.2.603 BORROWER
FILE:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records that authorized patrons to borrow
library materials (includes interlibrary loans). May show borrower name, borrower number,
expiration date, etc.
D. Retention: until obsolete
E. Confidentiality: (Section 18-9-4 NMSA 1978)
[Rn, 1 NMAC 3.2.90.10.60.A603, 12/30/98; 1.15.2.603 NMAC - Rn, 1 NMAC 3.2.90.10.A603,
10/01/2000; A, 1/6/2002]
1.15.2.604 BORROWING
OR LOANING RECORDS:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records concerning the borrowing or loaning
of library materials (includes interlibrary loan materials).
D. Retention: until all borrowing or loaning transactions
completed
E. Confidentiality: (Section 18-9-4 NMSA 1978)
[Rn, 1 NMAC 3.2.90.10.60.A604, 12/30/98; 1.15.2.604 NMAC - Rn, 1 NMAC 3.2.90.10.A604,
10/01/2000; A, 1/6/2002]
1.15.2.605 PATRON’S
REGISTRATION FOR USE OF SPECIAL LIBRARY MATERIALS:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records concerning the use of rare, valuable
or other restricted library materials.
Records may show patron name, patron address, patron signature, etc.
D. Retention: five years after date material used
E. Confidentiality: (Section 18-9-4 NMSA 1978)
[Rn, 1 NMAC 3.2.90.10.60.A605, 12/30/98; 1.15.2.605 NMAC - Rn, 1 NMAC 3.2.90.10.A605,
10/01/2000; A, 1/6/2002]
1.15.2.606 SELECTION
RECORDS:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records documenting the selection of books
and other library materials (monographs, periodicals, films, etc.).
D. Retention: one year after date created
[Rn, 1 NMAC 3.2.90.10.60.A606, 12/30/98; 1.15.2.606 NMAC - Rn, 1 NMAC 3.2.90.10.A606,
10/01/2000; A, 1/6/2002]
1.15.2.607 CENSORSHIP
OR COMPLAINT FILES:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records concerning library materials
censorship and complaints. File may
include evaluations by staff, patrons’ complaints, final decision
documentation, etc.
D. Retention: five years after date of last entry
[Rn, 1 NMAC 3.2.90.10.60.A607, 12/30/98; 1.15.2.607 NMAC - Rn, 1 NMAC 3.2.90.10.A607,
10/01/2000; A, 1/6/2002]
1.15.2.608 GIFT
DONORS FILE:
A. Program: library records
B. Maintenance
system: agency preference
C. Description: records concerning the donation of
publications and manuscripts to the agency library.
D. Retention: five years after date created
E. Confidentiality: comply with applicable provisions of legal
agreement regarding confidentiality of records concerning each gift
[Rn, 1 NMAC 3.2.90.10.60.A608, 12/30/98; 1.15.2.608 NMAC - Rn, 1 NMAC 3.2.90.10.A608,
10/01/2000; A, 1/6/2002]
1.15.2.609 REQUESTS
FOR REPRODUCTION OF COPYRIGHTED WORKS:
A. Program: library
records
B. Maintenance
system: agency preference
C. Description: records
concerning requests for copyrighted materials.
Records may contain files or logs, records of requests made for copies
or phonorecords of copyrighted materials, records of the fulfillment of such
requests, etc. (includes interlibrary loans).
D. Retention: three years
after the calendar year in which created per United States Copyright Office
Circular 21, p. 19
E. Confidentiality: Section 18-9-4
NMSA 1978
[1.15.2.609 NMAC - N,
1/6/2002]
1.15.2.610 - 1.15.2.700 [RESERVED]
1.15.2.701 RECORDS
RETENTION AND DISPOSITION SCHEDULE:
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: schedule showing record name, filing system,
record frequency, description, retention, confidentiality and rule filing date.
D. Retention: until superseded by new schedule
[Rn, 1 NMAC 3.2.90.10.70.A701, 12/30/98; 1.15.2.701 NMAC - Rn, 1 NMAC 3.2.90.10.A701,
10/01/2000; A, 1/6/2002]
1.15.2.702 STORAGE
TICKETS (SRC 1):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: shows agency code, shipment box number,
shipment date, agency, authorizing signature and title, record description,
inclusive date, schedule item number, destruction date, location, analysts
signature, etc.
D. Retention: three years after close of calendar year in
which records destroyed
[Rn, 1 NMAC 3.2.90.10.70.A702, 12/30/98; 1.15.2.702 NMAC - Rn, 1 NMAC 3.2.90.10.A702,
10/01/2000; A, 1/6/2002]
1.15.2.703 REQUEST
FOR PICK-UP AND DESTRUCTION (SRC 2):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: approval request for destruction of agency
records. Shows agency name and location,
date, record description, inclusive dates, quantity of boxes or sacks to be
destroyed, schedule item number, authorizing signature, etc.
D. Retention: three years after close of calendar year in
which records destroyed
[Rn, 1 NMAC 3.2.90.10.70.A703, 12/30/98; 1.15.2.703 NMAC - Rn, 1 NMAC 3.2.90.10.A703,
10/01/2000; A, 1/6/2002]
1.15.2.704 WITHDRAWAL
TICKET (SRC 5):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: records of withdrawals of documents from
boxes held in storage with state records center. Shows records description,
shipment box number, location, approximate date of return, requested by/date,
received by/date, return date, etc.
D. Retention:
(1) temporary
withdrawal: three years after close of calendar year in
which records returned
(2) permanent
withdrawal: three years after close of calendar year in
which records withdrawn
[Rn, 1 NMAC 3.2.90.10.70.A704.A & B, 12/30/98; 1.15.2.704 NMAC - Rn, 1 NMAC 3.2.90.10.A704.1
& 2, 10/01/2000; A, 1/6/2002]
1.15.2.705 CORRECTION
INDUSTRIES MICROFILM SERVICES JOB SPECIFICATION (SRC 73):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: shows agency, division, address, src control
number, agency billing code, etc.
D. Retention: three years after close of fiscal year in
which created
[Rn, 1 NMAC 3.2.90.10.70.A705, 12/30/98; 1.15.2.705 NMAC - Rn, 1 NMAC 3.2.90.10.A705,
10/01/2000; A, 1/6/2002]
1.15.2.706 MICROFILM
JOB TICKET (SRC 74):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: shows records sent for microfilming by
agency, record description, received by, delivered to, etc.
D. Retention: one year after close of fiscal year in which
created
[Rn, 1 NMAC 3.2.90.10.70.A706, 12/30/98; 1.15.2.706 NMAC - Rn, 1 NMAC 3.2.90.10.A706,
10/01/2000; A, 1/6/2002]
1.15.2.707 MICROFILM
INSPECTION SHEETS (SRC 23):
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: records show report date, agency name, roll
number, inspection date, density, resolution, remarks and comments, inspector
signature, etc
D. Retention: one year after inspection date
[Rn, 1 NMAC 3.2.90.10.70.A707, 12/30/98; 1.15.2.707 NMAC - Rn, 1 NMAC 3.2.90.10.A707,
10/01/2000; A, 1/6/2002]
1.15.2.708 CUSTODIAN
OF RECORD FILE:
A. Program: records management records
B. Maintenance
system: agency preference
C. Description: records documenting the inspection of public
records. File may include procedures,
custodian of record appointment, requests to review or copy documents, copies
of denial to review or copy documents, copies of memoranda extending time to
respond to request, copies of memoranda stating that agency is not responsible
for maintaining record requested and is forwarding request to appropriate
agency, etc.
D. Retention:
(1) procedures
and custodian of record appointment: until
superseded
(2) records of
requests filled: until request filled
(3) records of
request denied: one year after date denied
[Rn, 1 NMAC 3.2.90.10.70.A708.A, B & C, 12/30/98; 1.15.2.708 NMAC - Rn, 1 NMAC
3.2.90.10.A708.1, 2 & 3, 10/01/2000; A, 1/6/2002]
1.15.2.709 METHYLENE BLUE TEST FORMS:
A. Program: records management records
B. Maintenance system: chronological by month and date
C. Description: records concerning the verification that the
microfilm media meet standards. Form
may contain agency or vendor name, address, contact person, telephone number,
test readings, test dates, agencies or offices processed for, inclusive
microfilm roll numbers, record series name and NMAC section number, address of
New Mexico records center and archives, correspondence, etc.
D. Retention: until retention of the original records has
been met or until microfilm is regenerated per Subsection F of 1.14.2.10 NMAC
[1.15.2.709 NMAC - N,
1/10/2005]
[The test documents the
amount of residual thiosulfate existing in master microfilm produced by or for
agencies.]
1.15.2.710 - 1.15.2.800 [RESERVED]
1.15.2.801 INFORMATION TECHNOLOGY SERVICE
REQUESTS:
A. Program: information technology
B. Maintenance system: chronological by date
C. Description: records documenting requests for technical
service assistance. Files may include
service request form, response to request, information on the use of computer
equipment for program delivery, security authorization form, etc.
D. Retention: three years after date request completed
[1.15.2.801 NMAC - N,
12/19/2011]
History of 1.15.2 NMAC:
Pre
NMAC History: The material in this part
was derived from that previously filed with the State Records Center under:
SRC
Rule 67-5, Retention Period for Common Record Series for all State Agencies, 4/4/67.
SRC
Rule 69-22, Records Retention and Disposal Schedule for General Records of all State
Agencies, 12/10/69.
SRC
Rule 79-9, Retention and Disposal Schedule, General Records of all State Agencies,
7/27/79.
SRC
Rule 82-23, Retention and Disposition Schedule for General Records of all State
Aencies, 11/15/82.
SRC
Rule 93-09, Records Retention and Disposition Schedule for General
Administrative Records, 7/1/94.