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Notice of Regular Meeting and Rule Hearing

The New Mexico State Commission of Public Records (“Commission”) has scheduled a regular meeting and rule hearing for Tuesday, August 29, 2017, at 10:00 A.M. at the New Mexico State Records Center and Archives, which is an accessible facility, at 1205 Camino Carlos Rey, Santa Fe, NM. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any form of auxiliary aid or service to attend or participate in the meeting, please contact Melissa Salazar at 476-7926 or 476-7911 by August 15, 2017 or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats.

NOTICE OF RULEMAKING
The Commission of Public Records and State Records Administrator may consider the following items of rulemaking at the meeting:

Repeal
1.13.12 NMAC Designation of Records Management Personnel [CPR]
1.13.30 NMAC Disposition of Public Records and Non-Records [Joint CPR & SRA]
1.24.20 NMAC Emergency Rules [CPR]

Amend
1.21.2 NMAC Retention and Disposition of Public Records [CPR]
1.13.5 NMAC New Mexico Historical Records Grant Program Guidelines [CPR]
1.13.4 NMAC Records Management Requirements for Electronic Messaging [Joint CPR & SRA]
1.13.10 NMAC Records Storage and Access [SRA Only]

Replacement
1.13.12 NMAC Designation of Records Management Personnel [CPR]
1.13.30 NMAC Disposition of Public Records and Non-Records [Joint CPR & SRA]

SYNOPSIS: The repeal and replacement of 1.13.12 NMAC is to add designation language for records custodians, clarify the training requirements for designated personnel, and to renumber the part.

The proposed repeal of 1.24.20 NMAC is to acknowledge that the rule for emergency rule filing has been supplanted by the statutory changes made to the State Rules Act due to passage of HB 58 in the 2017 regular legislative session.

The proposed amendment of 1.21.2 NMAC consist of the follow modifications: Section 7 is being amended to clarify the definition of “transitory” and remove “transitory records” from the definition of “non-record”; Section 105 , Correspondence - General, is being amended to add transitory records to the description; and Section 336, Case Files - Loans, and Section 337, Educational Financial Aid, are being amended to remove grant administration from the subcategory; grant files were moved to the Administration - general management category in November of 2016.

The proposed amendments to 1.13.5 NMAC consist of the following:  Section 8 is being amended to clarify eligibility requirements for historical records grants; Section 9 is being amended to clarify the conditions for custody of historically significant records; and Section 10 is being amended to limit the types of projects that could be funded.

The proposed amendment of 1.13.4 NMAC is to amend Section 7 to clarify the definition of “transitory” and remove “transitory records” from the definition of “non-record”.

The proposed repeal and replacement of 1.13.30 NMAC consist of the follow modifications: Section 2 is being amended to widen the scope of the rule; Section 7 is being amended to clarify the definition of “inactive record” and the definition of “transitory” and remove “transitory records” from the definition of “non-record”; Section 10 is being amended to only transfer closed records to the state archives; Section 11 is be amended to add a designee of the state records administrator to inspect records for on-site records, add the requirement of a certificate of destruction, and add the qualification of a document destruction vendor; Section 12 is being amended to add a designee of the state records administrator to inspect records at the record centers; standardizing the dimensions of boxes brought in the destruction, and establish a fee for the services of document destruction for boxes delivered to the record centers; Section 13 is being amended to establish a fee for the services of document destruction for boxes stored in the record centers that have met their retention: Section 14 is being amended to require a standardized  form and to correct a NMAC reference; and Section 16 is being amended to remove a unnecessary statutory reference and grammatical corrections.

The proposed amendment of 1.13.10 NMAC is to add the rejection of storage boxes that are less than three quarters full from being accepted to the record centers and to add a reference to the fee schedule for the storage of microfilm.

At the hearing the Commission and Administrator will take oral and written comments related to the rulemaking actions listed below and during the meeting consider approving these rulemaking actions.

Interested persons may submit comments on the proposed rules at the rule hearing or may submit written comments via email at rmd.cpr@state.nm.us. Written comments must be received no later than 5 p.m. on August 15, 2017. If submitting written comments by email, please indicate in the subject line the number of each rule(s) for which you are providing comments.

Persons offering written comments at the hearing must have eight (8) copies for the Commission and Administrator to review. Oral comments will also be accepted at the rule hearing, subject to time limitations.

The Commission may vote on the proposed rules during the meeting on August 29, 2017. The State Records Administrator may take action on those rules at the close of the public rulemaking hearing. A summary of the proposed revisions and copies of the full text of the proposed rules may be accessed at the Commission’s website (www.nmcpr.state.nm.us) or by contacting Melissa Salazar at Melissa.Salazar@state.nm.us, 1205 Camino Carlos Rey, Santa Fe, New Mexico 87505 or 476-7926 or 476-7911.

A copy of the agenda for the combined meeting and rule hearing is here and at the office of the State Records Administrator located in the Santa Fe State Records Center and Archives at 1205 Camino Carlos Rey, Santa Fe, NM. The agenda is subject to change up to 72 hours prior to the meeting.

Legal authority for this rulemaking can be found in the Public Records Act, Section 14-3-1, et seq. and in the State Rules Act, Section 14-4-1, et seq. NMSA 1978.

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