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44.14.101   RECORDS RETAINED ON DIGITAL MEDIA
(1) Originals of government records reproduced on optical disk or any other digital medium or government records for which optical disk or digital medium is the original medium may be authorized for destruction or other disposition. Government agencies must use the record disposal request form RM5 for authority to dispose.

 (2) Records may be kept on a digital medium if a records retention schedule and a digital migration plan has been completed and approved for the agency's records. The digital migration plan must include at a minimum the process of:

(a) migrating records when any upgrade is made to the operating system, hardware, software, storage device(s) , server(s) , or other component(s) of the digital system; and

(b) migrating records which have not met their retention period, but are currently considered inactive must also be migrated to the current prevailing digital format ensuring their accessibility; and

(c) refreshing all digital media and corresponding refreshment schedule.

(3) Both the records retention schedule and the migration plan must be approved by the state records committee. Any modifications to the retention schedule or migration plan must be approved by the state records committee.

(4) The state records committee has the discretion to periodically review retention schedules and migrations plans and request modifications if the state records committee deems it necessary as a result of technological advances.

History: Sec. 2-6-111 and 2-6-203, MCA; IMP, Sec. 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304 and 2-15-1013, MCA; NEW, 1991 MAR p. 2265, Eff. 11/28/91; AMD, 2000 MAR p. 1518, Eff. 6/16/00.

44.14.102   RECORDS WITH A RETENTION PERIOD OF MORE THAN TEN YEARS

This rule has been repealed.

History: Sec. 2-6-111 and 2-6-203, MCA; IMP, Sec. 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304 and 2-15-1013, MCA; NEW, 1991 MAR p. 2265, Eff. 11/28/91; AMD, 1999 MAR p. 1768, Eff. 8/13/99; REP, 2000 MAR p. 1518, Eff. 6/16/00.

44.14.106   DELEGATION AUTHORITY FOR DISPOSAL OF PUBLIC RECORDS

(1) Per 2-6-203, MCA, it is the duty of the secretary of state to ensure the proper management and safeguarding of public records as defined in 2-6-202, MCA.

(2) The state records committee, as established by 2-6-208, MCA, whose presiding officer is the secretary of state, is authorized to approve, modify, or disapprove of agency requests to dispose of public records.

(3) Per 2-6-213, MCA, each executive branch agency of state government is mandated to administer its records management function.

(4) Any state agency with a records management program that meets established records retention, disposition, and archiving criteria may apply for and be granted authority to independently dispose of its public records by entering into a delegation agreement with the secretary of state and the state records committee.

(5) The secretary of state and the state records committee shall evaluate an agency's ability to manage its records independently based on a review of the following agency resources:

(a) management support;

(b) dedicated human resources;

(c) current internal policies and procedures;

(d) annual activity regarding retention schedule modifications and disposal requests; and

(e) negotiate directly with the Montana historical society state archives to establish a mutually acceptable preservation process.

(6) A delegation agreement will be in effect for one year with renewal dependent on an annual review by the secretary of state and the state records committee to determine if modifications are necessary.

History: 2-6-203, MCA; IMP, 2-6-203, 2-6-204, 2-6-205, 2-6-212, 2-6-213, MCA; NEW, 2013 MAR p. 337, Eff. 3/15/13.

44.14.201   USE OF ELECTRONIC RECORDS STORAGE SYSTEMS FOR LOCAL GOVERNMENT DOCUMENTS
(1) Electronic records storage systems may be used for the daily management, storage and retrieval of documents with a retention schedule of 10 years or more (long-term documents) or records with a retention schedule of less than 10 years (short- or medium-term documents) .
History: Sec. 2-6-404, MCA; IMP, Sec. 2-6-403, MCA; NEW, 1996 MAR p. 3223, Eff. 12/20/96.

44.14.202   STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH GREATER THAN TEN YEAR RECORD RETENTION (LONG-TERM RECORDS)

(1) The Local Government Records Committee adopts and incorporates by reference the Association of Records Managers & Administrators (ARMA) International's Generally Accepted Recordkeeping Principles® for local governments using electronic systems to store long-term records, ©2014 ARMA International, www.arma.org. Local governments should use them as the framework to design, implement, operate, and decommission the systems and to manage the records and data within the systems.

(2) ARMA's Generally Accepted Recordkeeping Principles® can be accessed on the ARMA web site at the following link: http://www.arma.org/docs/sharepoint-roadshow/the-principles_executive-summaries_final.doc.

History: 2-6-404, MCA; IMP, 2-6-403, 2-6-405, MCA; NEW, 1996 MAR p. 3223, Eff. 12/20/96; AMD, 2015 MAR p. 1288, Eff. 8/28/15.

44.14.203   STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH LESS THAN TEN YEAR RECORD RETENTION SCHEDULE
(1) Original short- or medium-term documents that are electronically stored may be destroyed or otherwise disposed of without maintaining a copy in another medium.
History: Sec. 2-6-404, MCA; IMP, Sec. 2-6-403, MCA; NEW, 1996 MAR p. 3223, Eff. 12/20/96.

44.14.301   FEES FOR 16MM MICROFILM SERVICES

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; AMD, 2017 MAR p. 801, Eff. 6/10/17; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.302   FEES FOR 35MM MICROFILM SERVICES

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.303   FEES FOR 105MM MICROFILM SERVICES

This rule has been repealed.

History: 2-6-103, MCA; IMP, 2-6-110, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; REP, 2007 MAR p. 1685, Eff. 11/1/07.

44.14.304   FEES FOR FILM PROCESSING

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.305   FEES FOR FILM INSPECTING

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.306   FEES FOR FILM DUPLICATION

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.307   FEES FOR JACKET LOADING/TITLING

This rule has been repealed.

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 878, Eff. 7/10/21.

44.14.308   MISCELLANEOUS FEES

(1) The following miscellaneous fees will be charged:

(a) indexing and document preparation (per hour) $ 25.00

(b) photocopies/own labor (each copy) 0.10

(c) photocopies/our labor (each copy) 0.50

(d) vendor shredding (recall) As billed by the vendor

History: 2-15-405, MCA; IMP, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15.

44.14.309   MISCELLANEOUS SUPPLIES

(1) Fees for supplies and postage/freight will be as charged by the supplying vendor:

(a) 16mm, each 100 foot roll film

(b) 35mm, each 100 foot roll film

(c) postage/freight

(d) miscellaneous supplies

History: 2-15-405, MCA; IMP, 2-6-1101, 2-6-1114, MCA; NEW, 2001 MAR p. 2161, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/13/15.

44.14.310   FEES FOR RECORDS CENTER SERVICES

(1) The following fees shall be charged for services provided for records housed in the state records center:

(a) 1/2 cubic foot storage, per month $.17

(b) one cubic foot storage, per month .33

(c) retrieval/re-file, each 1.20

(d) emergency retrieval, each 25.00

(e) large retrievals, delivery, interfiling, per hour 25.00

(f) records disposal, per hour 25.00

(g) shredding confidential records, per hour 25.00

(h) tape storage, per inch .55

(i) permanent withdrawal (remove or dispose) 25.00 per hour

(j) database set-up 25.00 per hour

(k) unsuccessful search 1.20

(l) data research 25.00 per hour

(m) record center, enter new box into database (each) .40

 

History: 2-15-405, MCA; IMP, 2-6-1114, MCA; NEW, 2001 MAR p. 1748, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; AMD, 2017 MAR p. 801, Eff. 6/10/17.

44.14.310   FEES FOR RECORDS CENTER SERVICES
History: 2-15-405, MCA; IMP, 2-6-1114, MCA; NEW, 2001 MAR p. 1748, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; AMD, 2017 MAR p. 801, Eff. 6/10/17.

44.14.311   FEES FOR RECORDS CENTER BOXES

(1) The following fees shall be charged for each storage box based upon the supplier costs:

(a) standard size A 15" x 12" x 10" $ 2.47

History: 2-15-405, MCA; IMP, 2-6-1114, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15.

44.14.312   FEES FOR IMAGING SERVICES

(1) The following fees shall be charged for imaging services:

(a) indexing/document preparation, per hour $25.00

(b) scanning (per image) .15

 

History: 2-15-405, MCA; IMP, 2-6-1101, MCA; NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2016 MAR p. 90, Eff. 1/9/16; AMD, 2017 MAR p. 801, Eff. 6/10/17.

44.14.401   STATE RECORDS COMMITTEE MEMBERSHIP ROTATION

(1) Per 2-6-1107, MCA, the following membership rotation is established for those executive branch agencies (including those that are administratively attached/allocated) that are not designated as permanent representatives of the state records committee:

(a) First rotation (October 1, 2017, through September 30, 2019):

(i) Department of Commerce;

(ii) State Board of Education;

(iii) Department of Corrections;

(iv) Department of Environmental Quality; and

(v) Department of Labor and Industry.

(b) Second rotation (October 1, 2019, through September 30, 2021):

(i) Department of Natural Resources and Conservation;

(ii) Department of Public Health and Human Services;

(iii) Department of Military Affairs;

(iv) Department of Fish, Wildlife and Parks; and

(v) Department of Livestock.

(c) Third rotation (October 1, 2021, through September 30, 2023):

(i) Department of Transportation;

(ii) Department of Revenue;

(iii) Office of Public Instruction;

(iv) Department of Public Service Regulation; and

(v) State Auditor.

(d) Fourth rotation (October 1, 2023, through September 30, 2025):

(i) Department of Agriculture;

(ii) Department of Commerce;

(iii) State Board of Education;

(iv) Department of Corrections; and

(v) Department of Environmental Quality.

(2) The fifth rotation will begin with the Department of Labor and Industry, and, as with all future rotations of the executive branch agencies not designated as permanent members of the state records committee, will follow the order set out above in the first, second, third, and fourth rotations and be for a two-year period beginning on October 1 and ending September 30 two years later.

 

History: 2-6-1101, MCA; IMP, 2-6-1107, MCA; NEW, 2016 MAR p. 1866, Eff. 10/15/16.