New
Jersey Administrative Code Title 15 Department of State
Chapter 3 Records Retention
Summary History of N.J.A.C. Title 15 Department
of State Chapter 3 Records Retention
Contents
of Title 15 Department of State Chapter 3 Records Retention
Summary History of N.J.A.C. Title 15 Department of State Chapter 3 Records Retention
The rules in New Jersey Administrative Code, Title 15. Department Of State, Chapter 3, “Records Management,” were formerly codified at N.J.A.C. 6:66. Pursuant to N.J.S. 52:146 2, the Bureau of Records Management Services in the Division of the State Library in the Department of State and the Archives Section in the Bureau of Law, Archives and Reference Services in the Division of the State Library, Archives and History in the Department of Education, were transferred to the Division of Archives and Records Management in the Department of State, effective June 24, 1983. [See: 15 (New Jersey Register)N.J.R. 818(a)].
Pursuant to Byrne Executive Order No. 66, April 14, 1978 (EO #66(1978)), Chapter 3 expired on May 20, 1986 and was adopted as new rules by R.1986 d.238, effective July 7, 1986. [See: 18 N.J.R. 820(b), 18 N.J.R. 1401(b)].
Pursuant to EO #66(1978), Chapter 3 expired on July 7, 1991. In accordance with N.J.A.C. 1:30 4.4(f), the rules proposed for readoption with amendments were adopted as new rules by R.1991 d.452, effective August 19, 1991. [See: 23 N.J.R. 1912(b), 23 N.J.R. 2519(a)].
Pursuant to EO #66(1978), Chapter 3, “Records Management,” expired on August 19, 1996. In accordance with N.J.A.C. 1:30 4.4(f), the rules in Chapter 3, “Records Retention,” proposed for readoption without amendments were adopted as new rules by R.1996 d.590, effective December 16, 1996. [See: 28 N.J.R. 3513(a), 28 N.J.R. 5183(a)].
Amendments to N.J.A.C. 15:3-2.17 were adopted by R.2001 d.389, effective October 15, 2001. [See 33 N.J.R. 2253(a), 33 N.J.R. 3651(a)].
Pursuant to EO #66(1978), Chapter 3, Subchapter 1 through 3, “Records Retention,” expired on December 16, 2001.
In compliance with the “Administrative Procedure Act,” P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), and the “Rules for Agency Rulemaking,” N.J.A.C. 1:30, the Department proposed in the June 2, 2003 New Jersey Register [See; 35 N.J.R. 2437(a)] to repeal the rules under N.J.A.C. 15:3-1 through -3, which expired on December 16, 2001, and adopt new rules that codify existing State statutes, established State Records Committee guidelines, and Division practices and consolidate and recodify the separate and parallel rules for state and local agencies, previously titled “State Records Manual” (N.J.A.C. 15:3-2), and “Local Records Manual” (N.J.A.C. 15:3-3) into one set of rules, titled “Records Retention,” proposed as N.J.A.C. 15:3-2 herein. Similarly, the Department proposed to consolidate and recodify the two previously separate and parallel sets of Microfilm Standards for state government agencies under N.J.A.C. 15:3-2.15 through -2.22 and local government agencies under N.J.A.C. 15:3-3.10 through -3.14 as a separate subchapter, entitled “Microfilm Standards,” N.J.A.C. 15:3-3. The Subchapters were adopted on September 2, 2003 [See; 35 N.J.R. 4084(a)].
Subchapter 4, “Image Processing of Public Records,” was adopted as a new rule by R.1997 d.189, effective May 5, 1997. [See 29 N.J.R. 2178(b), 29 N.J.R. 2183(b)]. Pursuant to Executive Order No. 66(1978), Chapter 3, Subchapter 4, “Image Processing of Public Records,” expired on December 16, 2001. The Department proposed on the June 2, 2003 to readopt this rule with as amended [See; 35 N.J.R. 2437(a)]. The Subchapter was re-adopted on September 2, 2003 [See; 35 N.J.R. 4084(a)].
Subchapter 5, “Certification of Image Processing Systems,” was adopted as a new rule by R.1998 d.289, effective June 1, 1998. [See 30 N.J.R. 2056(a), 30 N.J.R. 2058(b)]. Amendments to N.J.A.C. 15:3-5.4, 5.5, and 5.7 were adopted by R.1999 d.371, effective date November 1, 1999. See 31 N.J.R. 1900 (a), 31 N.J.R. 3524 (a) and (b). Pursuant to Executive Order No. 66(1978), Chapter 3, Section 5, “Certification of Image Processing Systems,” expired on December 16, 2001. The Department proposed on the June 2, 2003 to readopt this rule as amended [See; 35 N.J.R. 2437(a)]. The Subchapter was re-adopted on September 2, 2003 [See; 35 N.J.R. 4084(a)].
Subchapter 6, “Storage of Public Records,” was adopted as a new rule by R.1998 d.409, effective August 3, 1998. [See 30 N.J.R. 2929(b), 30 N.J.R. 2940(b)]. Pursuant to Executive Order No. 66(1978), Chapter 3, Section 6, “Storage of Public Records,” expired on December 16, 2001. The Department proposed on the June 2, 2003 to readopt this rule as amended [See; 35 N.J.R. 2437(a)]. The Subchapter was re-adopted on September 2, 2003 [See; 35 N.J.R. 4084(a)].
Subchapter 7, “Public Archives and Records Infrastructure Support Grants” was adopted as a new rule by R.2004 d.477, effective December 20, 2004. [See 36 N.J.R. 4000(a) and 36 N.J.R. 5688(ab)].
Subchapter 8, “Records Disaster Recovery and Triage Grants” was adopted as a new rule by R.2004 d.478, effective December 20, 2004. [See 36 N.J.R. 4003(a) and 36 N.J.R. 5691(a)].
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Contents of Title 15 Department of State Chapter 3 Records Retention
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SUBCHAPTER 1, GENERAL PROVISIONS. This subchapter (N.J.A.C. 15:3-1.1 to 1.5) of the proposed rules, contain the set of definitions previously established under Subchapter 1, General Provisions (N.J.A.C. 15:3-1.2) of the expired rules of the Division along with a number of additional definitions for clarification of terms and phrased used in Chapter 15:3, “Records Management” and consolidates and recodifies general provisions concerning the responsibilities of state and local government agencies for the management of public records, including correction and revision of records, examination and transfer of records, and implementation of the public records programs of the State previously included in Subchapter 2, State Records Manual (N.J.A.C. 15:3-2.1 to 2.12), and Subchapter 3, Local Records Manual (N.J.A.C. 15:3-1 to 3.9), and Title 47, “Public Records,” of the State Statutes per P.L. 1920, c. 46 (N.J.S.A. 47:2-3 et seq.), P.L. 1953, c. 410 (47:3-26 et seq.), P.L. 1994, c. 140 (N.J.A.C. 15:3-26 et. seq. as amended), et al.
SUBCHAPTER 2, RECORDS RETENTION. This subchapter consolidates and recodifies the rules and regulations which apply to the public records of all State and local government agencies in the State of New Jersey previously contained in two separate and almost identical sets of provisions in Subchapter 2, State Records Manual (N.J.A.C. 15:3-2.1 to 2.12), and Subchapter 3, Local Records Manual (N.J.A.C. 15:3-1 to 3.9), including rules and regulations for records retention procedures, destruction of public records, audit requirements, storage of records in the State Records Center, and transfer of records to the State Archives. In addition, the new subchapter promulgates procedures established by the State Records Committee per P.L. 1953, c. 410 (47:3-26 et seq.) for transfer of records of extinct government agencies under Subchapter 2, Section 6, Records of Extinct Agencies (N.J.A.C. 15:3-2.6, a to d) in accordance with P.L. 1920, c. 46, §4 & 7 (N.J.S. 47:2-3 and 47:2-7) and vital records programs under Subchapter 2, Section 5, Vital Records Program (N.J.A.C. 15:3-2.5, a to k) pursuant to the Destruction of Public Records Law, P.L. 1953, c. 410 (N.J.S.A. 47:3-15 to 32).
SUBCHAPTER 3. STANDARDS FOR MICROFILMING OF PUBLIC RECORDS. This subchapter consolidates into one standard the two previously separate but nearly identical sets of standards for microfilming of public records by State agencies and local government agencies formerly contained in Subchapter 2, State Records Manual (N.J.A.C. 15:3-2.13 to 2.28), and Subchapter 3, Local Records Manual (N.J.A.C. 15:3-3.10 to 3.17) of the expired rules of the Division. The new consolidates subsection includes additional standards for the production of microfilm for backup of long-term retention of certain records created and maintained on image processing systems per P.L. 1994, c. 140, § 4 (N.J.S. 47:3-26) and N.J.A.C. 15:3-4.3(c)2.
SUBCHAPTER 4. IMAGE PROCESSING OF PUBLIC RECORDS. This subchapter constitutes the readoption of the rules for the image processing of public records pursuant to P.L. 1994, c. 140, adopted as a new rule, N.J.A.C. 15:3-4, “Image Processing of Public Records,” by R.1997 d.189, effective May 5, 1997. The Department proposes to readopt this rule, which expired on December 16, 2001, with amendments to sections 15:3-4.3(c) and 15:3-4.6(b) to clarify the meaning of those sections and section 15:3-4.7(e) to establish new procedures for the annual review of certified imaging systems.
SUBCHAPTER 5. CERTIFICATION OF IMAGE PROCESSING SYSTEMS. This subchapter constitutes the readoption of the procedures for the certification of image processing of public records pursuant to P.L. 1994, c. 140 and N.J.A.C. 15:3-4, “Image Processing of Public Records,” adopted as a new rule, N.J.A.C. 15:3-5, “Certification of Image Processing Systems,” by R.1998 d.289, effective June 1, 1998, along with the amendments to N.J.A.C. 15:3-5.4, 5.5, and 5.7 adopted by R.1999 d.371, effective date November 1, 1999. The Department proposes to readopt the amended rule which expired on December 16, 2001 with amendments to section 15:3-5.5(c), establishing new procedures for the annual review of certified imaging systems.
SUBCHAPTER 6. STORAGE OF PUBLIC RECORDS. This subchapter constitutes the readoption of standards for storage and maintenance of public records by state and local government agencies pursuant to P.L. 1953, c.410, §16 (N.J.S. 47:3-30) as amended, effective Sept. 18, 1953, and N.J.A.C. 15:3-4.4(e) promulgated under P.L. 1994, c. 140, §4 (N.J.S. 47:3-26 as amended), previously adopted as a new rule “Storage of Public Records,” by R.1998 d.409, effective August 3, 1998. The Department proposes to readopt this rule, which expired on December 16, 2001, with corrections to rectify previous errors in the numbering of sections and an amendment to delete section 15:3-6.5(f)1 and establish a new section by that number in order to adopt the new international standard for the storage of optical disks.
SUBCHAPTER 7. PUBLIC ARCHIVES AND RECORDS INFRASTRUCTURE SUPPORT GRANTS. This subchapter constitutes the rules of the New Jersey Public Archives and Records Infrastructure Support (PARIS) grant program for the award of grants on the basis of need and specific competitive evaluative criteria to county and municipal governments for the management, storage and preservation of public records pursuant to the provisions of P.L. 2003, c.117, sections 38 and 39.
SUBCHAPTER 8. RECORDS DISASTER RECOVERY AND TRIAGE GRANTS. This subchapter constitutes the rules of the Records Disaster Recovery and Triage (Records DIRECT) grant program for the award of grants to county and municipal governments where immediate response is necessary to prevent the irretrievable loss of vital, permanent or archival records damaged by man-made or natural phenomena.
| Contact Information: | ||||
| Albin
Wagner, Chief of Records Management |
2300
Stuyvesant Avenue P.O. Box 307 Trenton, NJ 08625-0307 |
609.530.3200 609.530.6121 (fax) e-mail: records.management@sos.state.nj.us electronic.records@sos.state.nj.us |
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