15:3-1.1: Purpose; Scope

(a) Responsibility for establishing the framework for the management of public records of the State of New Jersey. Pursuant to P.L. 1920, c.46 (N.J.S. 47:2-3 et seq.), P.L. 1953, c.410 (N.J.S. 47:3-26 et al.), and P.L. 1994, c.140 (N.J.S. 47:3- 26 as amended), the Division of Archives and Records Management in the Department of State is charged with the responsibility for establishing the framework for the management of public records of the State of New Jersey in a systematic and comprehensive fashion. State and local government agencies are required to make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and to provide prompt and timely access to the same.

(b) Agencies included. This chapter encompasses all public entities at the State, county and local government levels, including subdivisions thereof, any department, division, board, bureau, office, commission, district, or institution, or other instrumentality within or created by the State or political subdivision or combination of political subdivisions; or any school, fire, or water district or other special district or districts; and any independent authority, commission, district, institution, or instrumentality; or special districts, and authorities.

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15:3-1.2: Definitions

The words and phrases used in this chapter shall have the meanings as defined in the "Glossary of Records Management Terms," ANSI/ARMA 10-1999 as amended and supplemented, incorporated herein by reference, except the following words and phrases which shall have the designated meanings, unless the context clearly indicates otherwise:

"Accession" means:

1. The transfer of the legal and physical custody of permanent records from an agency to the State Archives or other archives;
2. The records, also called "accessioned records," so transferred; or
3. The physical and recordkeeping process involved in transferring legal and physical custody of such records.

"Agency" or "agencies" means:

1. Generally, an organization that provides some service, a body having the authority to represent another or others, a government bureau or administrative division, or the place of business of the same; or
2. Specifically, any, or all, or any combination of the following public agency or agencies, as defined herein, currently or previously existing or to be established, depending on the context:

i. The Office of the Governor and any of the departments of the Executive Branch of State government, and any division, board, bureau, office, commission, institution, or other instrumentality within or created by such department;
ii. The Legislature of the State, and any office, board, bureau, committee, or commission within or created by the Legislative Branch;
iii. Any independent State authority, commission, district, institution, or instrumentality;
iv. Any political subdivision of the State;
v. Any department, division, board, bureau, office, commission, district, or institution, or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions;
vi. Any school, fire, or water district or other district or districts;
vii. Any independent authority, commission, district, institution, or instrumentality;
viii. Any agency or institution created by a political subdivision, district or other independent authority, or combinations thereof;
ix. Any subordinate office or agency of i through viii above;
x. Any office, officer, official, board, or governing body of i through ix above; or
xi. Any combinations of i through x above.

"Active records or files" means any group of public records maintained in the office of a public agency for conducting daily operations and which is referenced at least once per month.

"Archival records" means:

1. Records which have a permanent or enduring administrative, legal, fiscal, research or historical value, and in consequence thereof should be retained and preserved in perpetuity, and which are noncurrent and are not required to be retained in the office which they originated; or
2. Records found by the Division to contain significant information about the government and history of this State that are therefore worthy of long-term preservation and systematic management for historical and other research. (See definitions of "record.")

"Archives" means:

1. An organization or agency responsible for appraising, accessioning, preserving, and making available permanent records, which in the State of New Jersey is the New Jersey State Archives, otherwise known as the "State Archives," "Bureau of Archives," or "Bureau of Archives and History," established under N.J.S. 47:3-16;
2. The noncurrent records of an organization preserved because of their continuing or enduring value and which have been determined to have sufficient historical value to warrant their continued preservation and have been transferred to the legal custody of such an agency; or
3. One or more buildings, or portions thereof, established and maintained for the preservation, management, administration, and use of such permanent records.

"Automated records system" means any system that applies computer technology in the creation, collection, indexing, processing, management, maintenance, retrieval, use, storage, dissemination, and disposition of public records.

"Automated records management system" means any system specifically designed and used to apply computer technology to automate the operation of a records management program, including records storage and retrieval, cost accounting, retention schedules, and records disposition.

"Commercial purpose" means the use of information contained in a public record for the purpose of sale or resale of such information or for the purpose of producing a document containing all or part of copies, printouts, photographs, microforms, duplicate tapes, disks, and other alternate media for sale, or the obtaining of names and addresses from such public records for the purpose of solicitation or the sale of such names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct use of such public record; but does not mean the use of a public record as evidence or as research or evidence in an action in a judicial or quasi-judicial body of this State or a political subdivision of this State.

"Confidential record" means a public record that contains personal data or other sensitive information to which access is restricted. (See also the definition of "record.")

"Correspondence" means letters, postcards, memoranda, notes, telecommunications, and other forms of addressed written communications that are sent or received by an agency.

"Current records" means records needed for the conduct of the current operations of an agency, and are, therefore, generally located and maintained in an office space and office equipment. (See also the definition of "record.")

"Current year" means:

1. The period of a year (365 days or 366 days for a leap year); or
2. In the case of a retention schedule, the period of a year following the date on which a record had been created, received or filed.

"Custodian of public records" or "custodian" means:

1. The head of a public agency having custody or control of public records or his or her designee who is responsible for the creation or receipt, custody, and maintenance of public records;
2. As established under N.J.S. 47:1A-1.1 et seq., the officer designated by formal action of that agency's director or governing body, as the case may be; or
3. In the case of a municipality, the municipal clerk.

"Custody" means guardianship or control of records, including both physical possession (physical custody) and legal responsibility (legal custody) unless one or the other is specified.

"Data" means:

1. Facts, statistics, pieces of information, or body of information, either historical or derived from calculation or information gathering activities, relating to a particular subject of interest to an agency, which are collected, created, and recorded for the production of records and information;
2. Symbols, numbers, or other representations of facts or ideas that can be communicated, interpreted, or processed by manual or automated means, often associated with electronic data or statistics and measurements; or
3. A general term used to describe raw facts and figures which may be manipulated and from which conclusions may be inferred.

"Data archive" or "data archives" means a facility established and maintained for the preservation, management, administration, and use of records and information of permanent and enduring value recorded or stored on electronic media.

"Data processing" means the systematic performance of a series of actions with data, by manual, mechanical, electromechanical, or electronic means, but primarily used to mean electronic data processing (EDP), which is the processing and management of data using electronic digital computers.

"Directives" means a formal managerial communication establishing policy and procedures of an agency.

"Director" means the head of the Division of Archives and Records Management in the Department of State as established under the Governor's Reorganization Plan, filed April 25, 1983. (See the definition of "Division of Archives and Records Management.") The Director of the Division of Archives and Records Management acts as Secretary to the State Records Committee is responsible for the proper recording or its proceedings.

"Disaster planning" or "disaster response and recovery program" means:

1. Generally, a set of policies and procedures for implementation in the event of a sudden, unplanned calamitous event that creates an inability of an agency to perform critical operational functions for some period of time;
2. A plan consisting of a disaster recovery plan, information about disaster preparedness, procedures during a disaster in progress, and plans for disaster recovery; or
3. Specifically, pursuant to the provisions of N.J.A.C. 15:3-2.5, Vital Records Program, measures taken to prevent damage, loss or destruction of public records in the event of a disaster and methods of recovery and restoration of damaged records.

“Disposable records" means records which have a temporary value and, in consequence, may be destroyed after the lapse of a specified time or after the occurrence of some action which renders them valueless per record retention schedules established by the State Records Committee. (See also the definition of "record.")

"Disposal" means the final disposition of public records that have a temporary value, and that may therefore be destroyed after the expiration of a retention period fixed by the State Records Committee, and upon receiving the written approval of the State Records Committee.

"Division" means:

1. The Division of Archives and Records Management in the Department of State, as established Governor's Reorganization Plan, filed April 25, 1983 and as set out under N.J.S. 18A:73-26, whose primary responsibilities include the implementation and enforcement of the provisions of N.J.S. Title 47 (Public Records) et al.;
2. Pursuant to P.L. 1994, c.140, § 10 (N.J.S. 47:1-15), whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Bureau of Archives and History in the Department of Education or the administrator thereof, the same shall be considered to mean and refer to the Division of Archives and Records Management in the Department of State, established pursuant to the Governor's Reorganization Plan, filed April 25, 1983; and
3. The successor to the Public Records Office established under P.L. 1920, c.46, as amended by P.L. 1924, c.203 (N.J.S. 47:2-1 through 8).

“Electronic record" or "electronic records" means any record whose informational content is in code and has been recorded on computer-related media such as punched paper cards or tapes, magnetic tape or disks, optical disks, or other electronic media, from which coded information is retrievable only by a machine. (See also the definition of "record.")

"File" or "files" means, depending on the context:

1. An accumulation of records and nonrecord material arranged and maintained according to a plan;
2. A unit, such as a folder, microform, electronic form, containing such records or nonrecord material;
3. Storage equipment, such as a filing cabinet; or
4. A collective term, usually applied to all records and nonrecord material of an office or agency.

"File management" means the combination of technological and human resources for the effective and efficient storage, use, maintenance and disposal of records maintained and managed in filing systems.

"Form" or "forms" means a document or record in paper or electronic form that contains predetermined spaces for the insertion of data.

"Forms analysis and design" means:

1. The study of forms in relation to operating procedures to determine the most effective and efficient collection and processing of data;
2. The specification of the physical components of a form, including but not limited to, layout of information blocks or fields, type sizes and styles, color, weight, and all components; or
3. Specifically, the process often associated with the development of forms to correspond with computer screens used for the entry of data and information to effect more effective and efficient data entry.

"Forms management" means the process through which forms are analyzed for current and future use, designed for effective and efficient entry of data and information, and controlled for efficient storage, revision and printing, which assures that unneeded forms are eliminated, and that needed forms are designed, produced and distributed economically and efficiently.

"Imaging" means the production of representations of two-dimensional images of documents or other objects from digitally generated data or scanners and other means of data capture, or the recording of such images on microforms, videotape, optical disk or other data storage media.

"Imaging facility" means an establishment maintained for converting, copying, duplicating, recording and printing record image facsimiles on various storage media, and for providing for the identification, indexing, and processing of such record image facsimiles.

"Image processing" means:

1. Generally, the computer-related discipline wherein analog or digital images are the main data object, or the manipulation and control of data representing two-dimensional images, including raster images generated by scanning and raster conversions of electronic data created in other formats, vector-based data from computer-aided design (CAD) and other illustration systems, and digital images from digital, video and other camera systems; or
2. Specifically, the creation, preparation, capture, recording, indexing, storage, retrieval, reproduction, control, use and management of direct representations or images of documents using these techniques.

"Inactive records" means records that are not needed for the conduct of current operations and are not required to be retained in the office in which they originate. (See also the definition of "record.")

"Information resource management" means the systematic management and treatment of an organization's data, records, and information as common and valuable resources. Information resource management encompasses records management and image processing.

"Inventory" means:

1. A survey of agency records and nonrecord materials conducted primarily for the development of retention schedules or to identify records management problems, such as inadequate applications of recordkeeping technologies;
2. The documented results of such a survey; or
3. A type of finding aid used in archives administration for accessioning permanent records.

"Life cycle of records" means the records management concept that records normally pass through successive stages from creation or receipt of a record through its useful life to its final disposition, usually identified as five phases in the life span of a record, including the creation stage, distribution and use stage, storage and maintenance stage, retention and disposition stage, and archival preservation stage.

"Life expectancy" or "LE rating" means:

1. The estimated length of time a recording medium should remain viable for storage, retrieval, and preservation of the records or information it contains;
2. A rating system for various types of recording media which has replaced the use of the former general term "archival" for any such media as archival microfilm or archival paper;
3. The life expectancy (LE) rating of any recording medium used for public records, corresponding to the retention period of such records, unless otherwise provided for under the standards, rules and guidelines promulgated by the State Records Committee; and
4. Any manufacturer's claims for the continuing viability of a recording medium, including life expectancy for prerecorded media as well as recorded media, which should be substantiated by detailed specifications for test parameters.

"Local agency" means the following, currently or previously existing or to be established:

1. Any city, municipality, township, county or other political subdivision created by the State;
2. Any department, division, board, bureau, office, commission, institution, or other instrumentality within or created by a political subdivision or combination of political subdivisions;
3. Any school, fire, or water district or other district or districts;
4. Any independent local authority, commission, institution, or instrumentality;
5. Any subordinate office or agency of 1 through 4 above;
6. Any office, officer, official, board, or governing body of 1 through 5 above; or
7. Any combinations of 1 through 6.

"Local governing body" means the county board of freeholders; city, township, borough, town or village council, committee, board, commission, district, or other body authorized by law to govern the affairs of a local government.

"Local government" means the following, currently or previously existing or to be established:

1. Any county, city, town, municipality, or other government of a political subdivision, created by an act of the Legislature or the State;
2. Any school, fire, or water district or other district or districts;
3. Any independent local authority, commission, district, institution, or instrumentality;
4. Any subordinate office or agency of 1 through 3 above;
5. Any office, officer, official, board, or governing body of 1 through 4 above; or
6. Any combination of 1 through 5 above.

"Long-term record" or "long-term records" means a record or series of records required by a Federal or State statute or regulation, or by a retention schedule approved by the State Records Committee, to be retained by the originating agency for more than 10 years after creation, filing, or completion, unless otherwise specified in standards, rules or regulations promulgated by the State Records Committee per P.L. 1953, c.410, § 6 (N.J.S. 47:3-20). (See also the definition of "record.")

"Machine-readable records" means any record whose informational content is in code and has been recorded on media such as punched paper cards or paper tapes, magnetic tape or disks, optical disks, or other electronic media from which coded information is retrievable only by a machine. (See also the definition of "electronic record.")

"Media maintenance plan" means a combination of policies, procedures and standards for the secure storage, protection and preservation of paper and alternative media.

"Medium" or "media" means the physical form of records or recorded information, including paper, film, magnetic disks and tape, optical disks, and other material on which records and information can be recorded.

"Medium-term record" means any public record with a retention period of more than three years but less than 10 years after creation, filing or completion, unless otherwise specified in standards, rules or regulations promulgated by the State Records Committee. (See also the definition of "record.")

"Micrographics" means:

1. The process of creating photographic reproductions greatly reduced in size from the original on fine grain, high resolution film, usually of a document or some other type of record; or
2. The archival and records management technologies and techniques concerned with microimaging and reprographics, including producing, using and preserving microforms.

"Microform" or "microforms" means any form containing greatly reduced images or microimages, using photographic technologies, including microfilm on reels, cassettes, and cartridges; microfiche; microfilm jackets; aperture cards; microcards and micro-opaques.

"Microimaging systems" means systems including microforms and electronic record systems, including stand-alone micrographic systems, computer-assisted retrieval (CAR) systems, computer-output microfilm (COM) systems, computer- input microfilm (CIM) systems, digitally produced microfilm, and electronic microimage transmission systems.

"Migration" means the process or result of moving data from one electronic record system to another.

"Municipality" means, per N.J.S. 47:1-2, any municipal corporation, including cities, towns, townships, villages and boroughs, and any municipality governed by a board of commissioners or an improvement commission.

"Noncurrent records" means:

1. Records that are not needed for the conduct of current operations and are not required to be retained in the office in which they originate (see the definition of "record"); or
2. Records stored in a records storage facility that are not needed for the conduct of current operations and are not required to be retained in the office in which they originate. (See the definitions of "records center" or "records storage facility.")

"Off-site storage" means a storage facility with environmental and physical controls for the secure storage and retrieval of paper documents, duplicate microfilm, optical, magnetic and other alternate storage media for the recovery and reinstitution of records and information systems in the aftermath of partial or total system failures. (See also the definitions of "records center" or "records storage facility.")

"Permanent records" means:

1. Records which have a permanent or enduring administrative, legal, fiscal, research or historical value and, in consequence thereof, must be retained and preserved indefinitely by the originating agency or transferred to an archives; or
2. Records which have a permanent or enduring administrative, legal, fiscal, research or historical value and, in consequence thereof, are retained and preserved indefinitely by the State Archives (see the definition of "record").

"Political subdivision" means and includes any city, municipality, township, county district, authority, or other public corporation, instrumentality or entity created by the State, mandated by constitution, or created by an act of the Legislature.

"Public record" or "public records" (see the definition of "record").

"Public administrative building" means any permanent structure or portion thereof, wholly, or partly enclosed, which is intended to provide offices, courtrooms, workrooms, laboratories, hearing rooms, meeting rooms and auditoriums, which are intended for the use or accommodation of public agencies or the general public for any category or classification thereof in connection with the furtherance of public law or policy necessarily or incidentally requiring the provision of such accommodations or facilities, together with all its grounds and appurtenant structures and facilities.

"Record" or "records" means, pursuant to P.L. 1953, c.410, § 2 as amended by P.L. 1994, c.140, § 3 (N.J.S. 47:3-16), any paper, written or printed book, document or drawing, map or plan, photograph, microfilm, data processed or image processed document, sound-recording or similar device, or any copy thereof which has been made or is required by law to be received for filing, indexing, or reproducing by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received by any such officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, in connection with the transaction of public business and has been retained by such recipient or its successor as evidence of its activities or because of the information contained therein.

"Records center" or "records storage facility" means:

1. Generally, a facility established and maintained pursuant to the provision of N.J.A.C 15:3-6, Storage of Public Records, for economical and efficient storage and servicing of noncurrent records pending the expiration of their approved retention periods and their disposal or transfer to an archives; or an intermediate area where agencies send inactive material which is maintained in an accessible manner until the agency obtains authority for its disposal; and
2. Specifically, the State Records Center or other records storage facilities established under N.J.S. 47:2-7, pursuant to the provisions in the Governor's Reorganization Plan, filed April 25, 1983, and maintained for economical and efficient storage and servicing of noncurrent public records pending the expiration of their approved retention periods and planned disposal or transfer to the State Archives.

"Records Officer" or "Records Liaison Officer" means any person or persons designated by the head or the governing body of a State agency in the executive or legislative branches of State government or independent State authorities or commissions, or county, municipality, school districts, independent local authorities or commissions or other local agencies, according to the provisions of N.J.A.C. 15:3-1.5(a)3, whose responsibilities include the development and oversight of archives and records management programs of such agency.

"Recordkeeping requirements" means:

1. Generally, statements in statutes, regulations, or agency directives providing general and specific guidance on particular records to be created, received, or filed and maintained by an agency, including good recordkeeping practices; or
2. Specifically, since every public agency is legally obligated to create and maintain adequate and proper documentation of its organization, functions, transactions, and activities, the guidelines, policies and procedures established by an agency for recordkeeping for any activity, transaction, or record media or to distinguish records from nonrecord materials or public records from personal papers.

"Records management" means:

1. The systematic application of professional methodologies, practices and techniques for the effective, efficient and economical management, use, processing, protection, preservation, and disposition of records; or
2. The planning, managing, controlling, directing, organizing, training, promoting, and other managerial activities related to the creation, maintenance, use, and disposition of records to achieve adequate and proper documentation of State and local policies and transactions and effective, efficient and economical management, operation, and administration of public agencies.

"Records management system" or "records system" means the combination of technical and human resources and policies and procedures for records creation, collection, acquisition, filing, processing, storage, use, dissemination, maintenance, and disposition.

"Records series" means any group or groups of related records which are normally used and filed as a unit and which permit evaluation as a unit for disposition purposes.

"Register" means:

1. Generally, a book, list or record of items, acts, names, or events recorded and kept for reference, access, control, or planning purposes; or
2. Specifically, the centralized list or record maintained for systematic recording and retrieval of information regarding public records pertaining to the administration of the provisions of this title, including but not limited to identification of record series and the function, location, custodian, retention schedule, personal or confidential nature of such record series and related recordkeeping systems.

"Report" means a narrative, statistical, graphic, or other account of operations, conditions, plans, or projections that is recorded on any medium for submission by one person, office or agency to another.

"Reports management" means the systematic control and direction of the production, maintenance and distribution of reports, including establishment of drafting and review standards by an agency, physical format and control standards, and other management procedures.

"Retention schedule" means a list or other instrument describing public records and their minimum retention periods and planned disposition, approved by the State Records Committee, pursuant to N.J.S. 47:3-19 et seq.

"Records series" means any groups of related records which are normally used and filed as a unit and which permit evaluation as a unit for disposition purposes.

"Retention period" means the period of time that must elapse before the records are disposed of or transferred to an archive; specifically, in the case of State agencies, the State Archives.

"Semicurrent records" means:

1. Any records that are needed only infrequently for the conduct of current operations of an agency and are not required to be retained in the office in which they were created, received, or accumulated (see also the definitions of "record" and "noncurrent record"); or
2. Records stored in a records storage facility that are needed only infrequently for the conduct of current operations and are not required to be retained in the office in which they originate. (See the definitions of "records center" or "records storage facility.")

"Short-term record" means any public record with a retention period of three years or less after creation, filing or completion, unless otherwise specified in standards, rules or regulations promulgated by the State Records Committee. (See also the definition of "record.")

"State agency" means the following, currently or previously existing or to be established:

1. The Office of the Governor and any of the departments in the Executive Branch of State government;
2. Any division, board, bureau, office, commission, council, authority, institution, office or officers or other instrumentality within or created by the departments in 1 above;
3. The Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch of the State government;
4. Any independent State authority, commission, district, institution, or instrumentality or agency;
5. Any subordinate office or agency of 1 through 4 above;
6. Any office, officer, official, board, or governing body of 1 through 5 above; or
7. Any combination of 1 through 6 above.

"State Archives" means the "New Jersey State Archives" or "Office of Archives and History," pursuant to P.L. 1994, c.140, § 10 (N.J.S. 47:1-15), an establishment maintained by the Division of Archives and Records Management in the Department of State as established under the Governor's Reorganization Plan, filed April 25, 1983, and as set out under N.J.S. 18A:73-26; and the successor to the Public Records Office established under P.L. 1920, c.46, as amended by P.L. 1924, c.203 (N.J.S. 47:2-1 to 8):

1. For the preservation of those public records and related material that have been determined by the division to have sufficient historical and other permanent or enduring value to warrant their continued preservation by the State;
2. For the maintenance, administration, and use of public records that have been accepted by the division for physical and legal transfer to its custody; and
3. For publishing, exhibiting, and disseminating, by means of public educational programs and research materials, information relating to the management and preservation of public records and to the history of the State of New Jersey and its political subdivisions.

"State Records Committee" or "the Committee" means the Committee composed of the State Treasurer, the Attorney General, the State Auditor, the Director of the Division of Local Government Services in the Department of Community Affairs, and the Director of the Division of Archives and Records Management, and two representatives of State and local agencies, or their designated representatives, as established under P.L. 1953, c.410, § 6 (N.J.S. 47:3-20 et al.), to approve retention schedules, review requests for disposal of public records, approve standards, rules and regulations pertaining to public records, and advise on public records access requests.

"State Records Storage Center" or "State Records Center" means a records storage facilities established and maintained for economical and efficient storage and servicing of noncurrent or semicurrent public records pending the expiration of their approved retention periods and planned disposal or transfer to the State Archives.

"Vital records" means records which:

1. Contain information required by public agencies to continue functioning during a disaster or to reestablish operations after a calamity has ended;
2. Must be protected from destruction because they offer direct evidence of legal status, ownership, accounts receivable, and the particulars of obligations incurred by governments; or
3. Provide accountability and establish the policies that direct the operation of government.

"Vital records program" means:

1. The process through which vital records are systematically identified, protected and preserved; or
2. Vital records management actions, which frequently include vital records inventorying and classification, and systematic vital records dispersal, duplication and updating.

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15:3-1.3: Systems of Recording; Rules; Alteration, Correction and Revision of Records

(a) Promulgation of Rules. The Division of Archives and Records Management in the Department of State, with the approval of the State Records Committee, established under P.L. 1953, c.410, § 6 (N.J.S. 47:3-20), shall promulgate such rules as may be necessary to effectuate the management of public records in a systematic and comprehensive fashion and to safeguard the State's documentary heritage.

(b) Conformance to rule promulgated by Division of Archives and Records Management. No public agency shall adopt, use or employ any system for recording, filing, registration or indexing unless the same shall conform to the rules promulgated by the Division of Archives and Records Management in the Department of State pursuant to (a) above, and shall first be approved by the Division of Archives and Records Management. No such system shall be approved until the Division of Archives and Records Management shall have fully promulgated those rules as authorized by P.L. 1920, c.46 (N.J.S. 47:2-3 et seq.), P.L. 1953, c.410 (N.J.S. 47:3-26 et al.), and P.L. 1994, c.140 (N.J.S. 47:3-26 as amended) in compliance with the Administrative Procedure Act, P.L. 1968, c.410 (N.J.S. 52:14B-1 et seq.), and the Rules for Agency Rulemaking, N.J.A.C. 1:30.

(c) Imaging and data processing systems. Any system for recording, filing, registration or indexing which employs data processing or image processing, or has been previously adopted, is subject to the rules promulgated by the Division of Archives and Records Management, pursuant to P.L. 1994, c.140, § 6 (N.J.S. 47:1-12). The approval of the Division of Archives and Records Management shall be necessary to bring about the compliance of such systems, in a prompt and orderly fashion, with the standards set forth in the rules.

(d) Alteration, correction and revision of records. Whenever it shall be necessary to alter, correct or revise the record pertaining to any paper, document or instrument, or the index pertaining to the same, which shall previously have been recorded, filed, registered, or indexed, the officer responsible for maintaining such records or custodian thereof shall cause a notation to be made of the date and nature of the alteration, correction or revision, which notation shall become part of the record, as stipulated in N.J.S. 47:1-13. The officer or custodian shall also preserve the record in its original form prior to alteration, correction or revision, and the same shall be available to any citizen of this State, pursuant to P.L. 1963, c.73 (N.J.S. 47:1A-1 et seq.).

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15:3-1.4 Examination and Transfer of Public Records; Preservation and Acquisition

(a) Authority to examine records. The Division of Archives and Records Management, through its Director, or designee, shall, at its discretion, have unrestricted access, pursuant to the provisions of P.L. 1920, c.46, § 3 (N.J.S. 47:2-4), to examine the condition of the records, books, documents, manuscripts, archives, maps and papers kept, filed or recorded in any public agency.

(b) Action to obtain custody for restoration and preservation of records. The Division shall take such action as may be necessary to put the records it shall examine, pursuant to P.L. 1920, c.46, § 3 (N.J.S. 47:2-4), over which it shall obtain control, Pursuant to P.L. 1920, c.46, § 4 (N.J.S. 47:2-3), into the custody and condition contemplated by the various laws and rules, and shall provide for their restoration and preservation.

(c) Copies for preservation purposes. Pursuant to the provisions of P.L. 1920, c.46, § 5 (N.J.S. 47:2- 5), the Division shall cause copies of any public record to be made whenever, by reason of age, use, exposure or any casualty, it shall deem such action to be necessary in order to ensure the preservation thereof. Any copy made accordingly may be certified as being a true and accurate copy of the original and shall be considered and accepted as evidence, and treated for all other purposes, as though it were the original.

(d) Transfer of inactive records. The officers of any State department, or of any county or municipality, or any institution or society created under any law of this State, may transfer to the Division public records, books, papers, documents, archives, maps, plans, or other records, in whatever media, which are not in general use, per the provisions of P.L. 1920, c.46, § 7 (N.J.S. 47:2-7), and the Division shall receive the same when so transferred and provide for the custody and preservation thereof.

(e) Historical records. The Division, pursuant to the provisions of P.L. 1920, c.46, §6 (N.J.S. 47:2-8), shall acquire, preserve, classify and collate official records, letters and other material, or transcripts of such records and papers, bearing upon the history of the government and the people of New Jersey.

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15:3-1.5 Responsibilities of Public Agencies; Records Programs

(a) Responsibilities for public agencies to Division of Archives and Records Management. Public agencies shall have the following responsibilities for assisting the records programs of the State under the Division of Archives and Records Management:

1. Provide advice to the Division concerning the public records in their care and custody;
2. Inform the Division of technical, legal or procedural innovations or solutions to problems which have been adopted by the agency and which contribute to effective and efficient records management; Cooperate with the division in surveys of historical and other public records for the purpose of planning and Statewide needs assessments;
3. Appoint, maintain and quarter within their respective administrative offices at least one Records Officer or Records Liaison to serve as a records management officer, and such support staff as may be necessary to carry out the provisions of this title, and the division shall provide training assistance and coordination for such records officers, liaison, and support staff as part of the State and local archives and records management program; and
4. Submit to the Division annually, or when requested, reports on any changes in the appointment of Records Officers or Records Liaisons, public officials or officers of the agency, records retention requirements, or status of public records and records systems.

(b) Responsibilities for public agencies to State Records Committee. Public agencies shall have the following responsibilities for assisting the records programs of the State under the State Records Committee:

1. Provide advice to the Committee concerning the public records in their care and custody and advise the Committee on proposed rules for records access, copying, or other archives and records management issues;
2. Petition the committee for approval of records retention schedules, changes in previously approved retention schedules, and records destruction requests;
3. Petition the committee for certification of image processing systems;
4. Provide information and justification for such petitions as shall be requested by the committee; and
5. Cooperate with the committee in the establishment and maintenance of a program for the selection and registration of confidential public records.

(c) Responsibilities for public agencies to State Historical Records Advisory Board. Public agencies shall have the responsibility for assisting the records programs of the State under the State Historical Records Advisory Board by cooperating with the Board in surveys of historical and other public records for the purpose of planning and Statewide needs assessments.

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15:3-1.6 Standards Referenced

1. ANSI/ARMA 10-1999, "Glossary of Records Management Terms": This glossary establishes a standard meaning and definition for terms and phrases used for records and information management material, practices and technologies. (N.J.A.C. 15:3-1.2, 3.4(a)1, 5.3 and 6.2)

2. ANSI/AIIM TR2-1992, "Technical Report for Information and Image Management--Glossary for Imaging Technology": This glossary establishes a standard meaning and definition for terms and phrases used in imaging and microimaging material, practices and technologies. (N.J.A.C. 15:3-5.3 and 6.2)

3. SAA PC103, "A Glossary for Archivists, Manuscript Curators, and Records Managers": This glossary establishes a standard meaning and definition for terms and phrases used for material, practices and technologies employed in archives, historical repositories and records management programs. (N.J.A.C. 15:3-6.2)

4. ANSI IT9.6-1991, "Photographic Film--Specifications for Safety Film" (Revision of ANSI PH1.25-1984): This standard contains the specifications for silver halide gelatin film used for microforms. (N.J.A.C. 15:3-6.4(b))

5. ANSI/ISO 10602:1995 or ANSI/NAPM IT9.1-1996, "Imaging Materials--Processed Silver-Gelatin Type Black-and-White Film--Specifications for Stability" (Revision and consolidation of ANSI PH1.28-1984, ANSI PH1.41-1984, and ANSI PH1.66-1985 and revision of ANSI IT9.1-1990): This document provides the technical standard for processing black and white silver halide gelatin film to insure long-term preservation of the images on the film. (N.J.A.C. 15:3-3.4(a)1 and 6.4(b))

6. ANSI IT9.9-1990, "Imaging Media--Stability of Color Photographic Images-- Methods for Measuring": This methodology establishes standards for measuring the stability of images on color photographic film. (N.J.A.C. 15:3-6.4(b) and (c))

7. ANSI/NAPM IT2.19-1994, "American National Standard for Photography-- Density Measurements--Part 2: Geometric Conditions for Transmission Density" and ANSI/NAPM IT2.18-1996, "Photography--Density Measurements--Part 3: Spectral Conditions": These standards establish procedures for measuring density of the text on microfilm to insure legibility of the information stored on the film. (N.J.A.C. 15:3-3.4(a)1)

8. ANSI/ISO 3334-1991, ANSI/AIIM MS51-1991, "Micro-graphics--ISO Resolution Test Chart No. 2 Description and Use": This document contains the description of the standard resolution test chart used to test the resolution of microimages on microfilm and establishes standard procedures for tests using the chart. (N.J.A.C. 15:3-3.4(a)2)

9. NIST 1010A, "Microimage Test Chart": This test chart is the industry standard chart filmed with documents in order to provide an objective means of testing microimages on microfilm. (N.J.A.C. 15:3-3.4(a)3)

10. ISO 10214, "Photographic Enclosures" and ANSI/PIMA IT9.2-1998, "American National Standard for Imaging Media--Photographic Processed Films, Plates, and Papers--Filing Enclosures and Storage Containers" (Replaced ANSI PH1.53-78, revised 4 April 1983 "Processed Photographic Films, Plates, and Papers, Photographic Filing Enclosures for Storing, Requirements for"; ANSI PH153- 1984. Photography (Processing)--Processed Films, Plates, and Papers--Filing Enclosures and Canisters for Storage; and ANSI PH1.53-1986): These documents provide standards for storage enclosures and containers and procedures and environmental conditions for the storage of film-based imaging media. (N.J.A.C. 15:3-3.4(a)1 and 6.4(b) and (c))

11. ISO 18911:2000, "Imaging materials--processed safety photographic films-- Storage Practices"; ISO 5466, "Storage of Black and White Microfilm"; ANSI PH1.45-1981, "Practice of Storage of Processed Photographic Plates" (Revised 1989); and ANSI PH1.48-1982, "Photography (Film and Slides)--Black and White Photographic Paper Prints--Practice for Storage" (Revised 1987): These documents provide standards for procedures and environmental conditions for the storage of film-based imaging media, including, but not limited to, black and white silver halide gelatin microfilm, photographic plates, slides, and black and white photographic paper. (N.J.A.C. 15:3-3.4(a)1 and 6.4(b) and (c))

12. ANSI/AIIM MS1-1996, "Recommended Practice for Alphanumeric Computer- Output Microforms--Operational Practices for Inspection and Quality Control": This practice establishes a standard for inspection and quality control of Computer Output Microfilm (COM) microforms. (N.J.A.C. 15:3-3.4(a)2)

13. ANSI/AIIM MS5-1992 (R1998), "Micrographic Microfiche": This document contains the specifications for micrographic microfiche. (N.J.A.C. 15:3-3.4(a)2)

14. ANSI/AIIM MS14-1996, "Specifications for 16mm and 35mm Roll Microfilm": This document contains the specifications for 16 millimeter and 35 millimeter roll microfilm. (N.J.A.C. 15:3-3.4(a)2)

15. ANSI/AIIM MS19-1993, "Recommended Practice for Identification of Microforms" and NISO Z39.62-1993, "Eye-Legible Information on Microfilm Leaders and Trailers and on Containers of Processed Microfilm on Open Reels": These documents establish the industry standards for the identification of microforms, including, but not limited to, roll microfilm and microfiche, and the eye-legible information placed on microfilm leaders and trailers and on containers of processed microfilm on open reels. (N.J.A.C. 15:3-3.4(a)2 and 6.4(b) and (c))

16. ANSI/AIIM MS23-1998, "Microfilm of Documents, Operational Procedures/Inspection and Quality Control of First-Generation Silver-Gelatin": This practice establishes a standard for inspection and quality control of the first generation master copies of silver halide gelatin microfilm. (N.J.A.C. 15:3-3.4(a)2)

17. ANSI/AIIM MS43-1998, "Recommended Practice for Operational Procedures/Inspection and Quality Control for Duplicate Microforms of Documents and from COM": This practice established recommended procedures for inspection and quality control for duplicate microforms of microfilmed documents and computer-output microfilm (COM). (N.J.A.C. 15:3-3.4(a)2)

18. ANSI PH4.8-1985, "Photography (Chemicals)--Residual Thiosulfate and Other Chemicals in Films, Plates, and Papers--Determination and Measurement": This practice establishes recommended procedures for testing for residual thiosulfate and other chemicals on silver halide gelatin microfilm, photographic plates and papers in order to insure long-term preservation of microimages. (N.J.A.C. 15:3-6.4(b) and (c))

19. ANSI/AIIM MS45-1990, "Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration": This practice establishes recommended procedures for inspection of silver halide gelatin microfilm in long-term storage for indication of deterioration of the film due to poor processing, inadequate environmental conditions, chemical contamination, or other hazards in order to insure long-term preservation of microimages. (N.J.A.C. 15:3-3.4(a)2 and 6.4(b) and (c))

20. ANSI IT9.16-1993, "Imaging Media--Photographic Activity Test" and ISO 14523:1999, "Photography--Processed photographic materials--Photographic activity test for enclosure materials": These test method documents set photographic activity test standards which establish standardized methods for testing for the permanence and physical properties of imaging and materials for photographic media and enclosures. (N.J.A.C. 15:3-6.4(b))

21. ANSI/AIIM MS32-1996, "Microrecording of Engineering Source Documents on 35mm Microfilm": This document sets standards for microfilming engineering documents on 35 millimeter microfilm. (N.J.A.C. 15:3-3.4(a)2)

22. ANSI/AIIM MS41-1996, "Unitized Microfilm Carriers (Aperture, Camera, Copy, and Image Cards)": This document contains specifications for standard carriers for aperture cards and similar microforms. (N.J.A.C. 15:3-3.4(a)2)

23. ANSI/AIIM TR27-1991, "Technical Report for Information and Image Management--Electronic Imaging Request for Proposal Guidelines": This technical report sets guidelines for a Request for Proposal (RFP) and similar documents for image processing systems. (N.J.A.C. 15:3-4.3(a))

24. NISO Z39.48-1992, "Permanence of Paper for Printed Publications and Documents in Libraries and Archives" and ASTM D3290-94, "Bond and Ledger Paper for Permanent Records": These documents contain specifications for paper to be used for printed publications and documents to insure long-term or permanent preservation of such material. (N.J.A.C. 15:3-4.3(c)1, 6.3(d)6 and 6.4(b) and (c))

25. ISO/IEC 13346, Volume and File Structure of Write-Once and Rewritable Optical Disks Using Non-Sequential Recording for Information Interchange-- Universal Disk Format": This document contains specifications for the universal industry standard disk format for the volume and file structures for Write-Once/Read Many (WORM) and Rewritable optical disks to insure compatibility and information interchange. (N.J.A.C. 15:3-4.3(e)1)

26. ISO 13490, "Volume and File Structure of Read-Only and Write-Once Compact Disk Media for Information Interchange": This document contains industry standards for media and operating system independent volume and file structures for Read-Only and Write-Once/Read Many (WORM) compact optical disks (CDs) to insure compatibility and information interchange. (N.J.A.C. 15:3-4.3(e)2)

27. ANSI/NISO/ISO 9660, "Volume and File Structure of Read-Only and Write- Once Compact Disk Media for Information Interchange" This document contains industry standard specifications for the volume and file structures for compact optical disks (CD-ROM) to insure compatibility and information interchange. (N.J.A.C. 15:3-4.3(e)3)

28. ANSI/AIIM TR25-1995, "Technical Report for Information and Image Management--The Use of Optical Disks for Public Records": This technical report contains guidelines for the establishment of policies and procedures for governmental agencies for the use of image processing technology for the recording and maintenance of public records. (N.J.A.C. 15:3-4.3(o))

29. ANSI/AIIM MS44-1988, "American National Standard for Information and Image Management--Recommended Practice for Quality Control of Image Scanners": This practice establishes recommended policies and procedures for quality control for scanners used in conjunction with image processing systems to scan documents to insure legibility of scanned images. (N.J.A.C. 15:3-4.6(c) and (d))

30. AIIM X441, "AIIM Scanner Target," AIIM X443, "RIT Ink Gamut Chart," and AIIM X501, "ITU-T Standard Image Set (CD-ROM) for Use with National Communication System Information Bulletin 93-45": These test charts are industry standard targets scanned along with documents in order to provide an objective means of testing the resolution and legibility of scanned images. (N.J.A.C. 15:3-4.6(d))

31. CCITT Group III and Group IV Compression: CCITT Group III and Group IV compression techniques are industry standards used to insure compatibility for information interchange. (N.J.A.C. 15:3-4.6(g))

32. ANSI/AIIM TR21-1991, "Technical Report on Information and Image Management--Recommendations for Identifying Information to be Placed on Write- Once/Read-Many (WORM) and Rewritable Optical Disks (OD) Cartridge Label(s) and Optical Disk Cartridge Packing/Shipping Containers": This technical report contains recommendations for identifying information to be placed on Write-Once/Read-Many (WORM) and Rewritable Optical Disks (OD) cartridge labels and optical disk cartridge packing and shipping containers. (N.J.A.C. 15:3-4.7(c))

33. AIIM TR28-1991, "Technical Report on Information and Image Management-- The Expungement of Information Recorded on Optical Write-Once-Read-Many (WORM) Systems": This technical report contains recommendations for the establishment of policies and procedures for the expungement of information recorded on Write- Once/Read-Many (WORM) optical disks in compliance with court orders and similar events. (N.J.A.C. 15:3-4.8(e))

34. ANSI/NAPM IT9.11, "Imaging Media--Processed Safety Photographic Films-- Storage" (Revision of ANSI PH1.43-1985): This document establishes standards for the handling, maintenance and storage of processed silver halide gelatin films. (N.J.A.C. 15:3-6.3(b) and 6.4(c))

35. ANSI/NFPA 40-1997, "Storage and Handling of Cellulose Nitrate Motion Picture Film" (Revision of ANSI/NFPA 40-1982 and ANSI/NFPA 40-1988): This document establishes standards for the handling, maintenance and storage or processed cellulose nitrate motion picture films. (N.J.A.C. 15:3-6.3(b) and 6.4(b) and (c))

36. N.J.A.C. 5:23, Uniform Construction Code (UCC). (Adopted by the Department of Community Affairs, Division of Codes and Standards): This document sets the standards for all building construction in the State of New Jersey, including installation, testing and use of sprinkler systems, fire extinguishers, and other means of fire prevention. (N.J.A.C. 15:3-6)

37. IBC-2000, "International Building Code"; IFC-2000, "International Fire Code"; and National Electrical Code-2000. (Adopted as subcodes of the Uniform Construction Code (UCC), N.J.A.C. 5:23, by the Department of Community Affairs, Division of Codes and Standards in 35 N.J.R. 1939(a), effective May 5, 2003): These documents set standards for construction of buildings, including installation, testing and use of sprinkler systems, fire extinguishers, and other means of fire prevention. (N.J.A.C. 15:3-6.1 et seq.)

38. ANSI/NFPA 1-1997, "Fire Prevention Code"; ANSI/NFPA 10-1994, "Portable Fire Extinguishers"; ANSI/NFPA 13-1996, "Installation of Sprinkler Systems"; and ANSI/NFPA 25-1995 (Revision of ANSI/NFPA 13-A), "Inspection and Testing of Sprinkler Systems"; and NBS Technical Notice 839, "Fire Protection": These documents set standards and guidelines to establish policies and procedures fire prevention, including installation, testing and use of sprinkler systems, fire extinguishers, and other means of fire prevention. (N.J.A.C. 15:3-6.3(b))

39. ANSI/NFPA 70-1996, National Electric Code: This code regulates construction, installation, and maintenance related to electrical systems. (N.J.A.C. 15:3-6.3(b))

40. ANSI/NFPA 72-1996, National Fire Alarm Code: This code establishes standards for construction, installation, and maintenance of fire alarm systems. (N.J.A.C. 15:3-6.3(b))

41. ANSI/NFPA 80-1999, "Fire Doors and Fire Windows": This document establishes standards for construction, installation, and maintenance of fire doors and windows for protection from interior and exterior fires. (N.J.A.C. 15:3-6.3(b) and (c))

42. ANSI/UL 155-2000, "Test for Fire Resistance of Vault and Fire Doors": This test method describes standards and procedures for determining the fire resistance capacity of vault doors. (N.J.A.C. 15:3-6.3(b))

43. ANSI/UL 72-1995, "Tests for Fire Resistance of Record Protection Equipment": This test method describes standards and procedures for determining the fire resistance capacity of record protection equipment such as fire resistant filing cabinets. (N.J.A.C. 15:3-6.3(b))

44. ANSI/NFPA 220-1993, "Types of Building Constructions" and ANSI/NFPA 221- 2000, "Fire Walls and Fire Barrier Walls": These codes establish standards for the construction and composition of buildings, including specifications for the construction of fire walls and fire barrier walls. (N.J.A.C. 15:3-6.3(b) and (c))

45. ANSI/NFPA 231C-1998, "Rack Storage of Materials"; NFPA 232-2000, "Standards for the Protection of Records" (Revision of ANSI/NFPA 232AM-1986 and 232A-1995), and NFPA 909-1997, "Standards for the Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties": These documents provide the requirements for records protection equipment and facilities and record-handling techniques that provide protection from the hazards of fire. (N.J.A.C. 15:3-6.3(b) and (c) and 6.4(b))

46. FEMA 302, "NEHRP Recommended Provisions for Seismic Regulations for New Buildings and Other Structures": This document provides recommended provisions for seismic regulations for the construction of new buildings and other structures. (N.J.A.C. 15:3-6)

47. NEDCC Technical Leaflet, "The Environment, Temperature, Relative Humidity, Light and Air Quality: Basic Guidelines for Preservation": This guide covers recommended standards for environmental conditions, temperature, relative humidity, light and air quality for the storage of records and archival material to insure long-term preservation thereof. (N.J.A.C. 15:3-6.3(b))

48. ANSI/NFPA 90A-2002, "Installation of Air Conditioning and Ventilating System" (Revision of ANSI/NFPA 90A-1999) and ANSI/NFPA 90B-2002, "Installation of Warm Heating and Air Conditioning Systems" (Revision of ANSI/NFPA 90B-1999): These documents establish standards for construction, installation, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in buildings. (N.J.A.C. 15:3-6.3(b) and 6.4(b))

49. IEST RP-CC001.3, "HEPA and ULPA Filters" (Replaces Institute of Environmental Sciences (now Institute of Environmental Sciences and Technology) IES CS-1, Standard for HEPA Filters): This standard contains the specification for HEPA filters for heating, ventilation, and air conditioning (HVAC) systems in buildings. (N.J.A.C. 15:3-6.4(b) and (c))

50. ANSI/NFPA 40-1997, "Storage and Handling of Cellulose Nitrate Motion Picture Film": This standard contains the specification for the storage and handling of flammable and combustible cellulose nitrate motion picture film.

51. ANSI X3.39-1986, "Recorded Magnetic Tape for Information Interchange (1600 CPI, PE)"; ANSI X3.54-1986, "Recorded Magnetic Tape for Information Interchange (6250 CPI, Group Coded Recording)"; and ANSI X3.180-1990 (R1996), "Magnetic Tape and Cartridge for Information Interchange 18-Track, Parallel, 12.65 mm (112 in), 1491 cpmm (37 981 cpi), Group Coded Recording"; ANSI X3.261-1996, "Information Technology--Extended Magnetic Tape Cartridge for Information Interchange (36-Track, Parallel Serpentine 12.65 mm (0.05 in), 1491 cpmm (37 871 cpi) Group-Coded Recording"; ANSI X3.265-1995, "Information Technology--Magnetic Tape Cartridge for Information Interchange--Unrecorded, 36-Track, Parallel, 12.57 mm (0.495 in), 1944 ftpmm (49 378 ftpi) Group-Coded Recording"; and ISO/IEC 14251:1995, "Information Technology--Data Interchange on 12.7 mm 36-Track Magnetic Tape Cartridges": These documents contain the specifications for recorded and unrecorded magnetic tape to insure compatibility and information interchange. (N.J.A.C. 15:3-6.5(b) and (d))

52. ANSI/NAPM IT9.23-1996, "Imaging Materials--Polyester Based Tape-Storage" and CPA/NML 1995, "Magnetic Tape Storage and Handling: A Guide for Libraries and Archives": These documents provide standards and guidelines for storage and handling of recorded magnetic tape to insure long-term preservation thereof. (N.J.A.C. 15:3-6.5(b), (d), (g) and (h))

53. Executive Order 12906 of April 11, 1994 (3 CFR, 1995 Comp., p. 882). "Federal Geographic Data Committee--Content Standards for Digital Geospatial Metadata" and FIPS 173-1, "Spatial Data Transfer Standard (SDTS) (DOI/USGS Specs)-94 June 10": These documents contain the standards for metadata (identifying information) for digital geospatial records and the transfer of special data contained in such records. (N.J.A.C. 15:3-6.5(b) and (d))

54. ISO 18925:2002, "Imaging Materials--Optical Disc Media--Storage Practices": This standard establishes environmental conditions for the storage and maintenance of optical disks to insure long-term preservation thereof. (N.J.A.C. 15:3-6.5(f)1)

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