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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.

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