New Mexico Register
/ Volume XXIX, Issue 11 / June 12, 2018
This is an amendment to 1.13.30 NMAC,
amending Sections 11, 12 and 13 effective 06/12/2018.
1.13.30.11 ON-SITE DESTRUCTION OF RECORDS: On-site
destruction of records may occur at the custodial agency’s location. For approval of on-site destruction, the
records custodian, chief records officer or records liaison officer shall
submit a request on a form approved by the state records administrator.
A. The form may be
submitted electronically with a valid digital signature issued by the state
records administrator.
B. The state
records administrator or designee may inspect records prior to approval of
on-site destruction.
C. [The state
records administrator may order the transfer of records to the state archives
for review and appraisal.
D. For legal and
audit purposes, the agency shall retain a certificate of destruction as proof
of the records destroyed. The
certificate of destruction shall include but not limited to the following
information:
(1) place and date of pick up;
(2) printed name and signature of
employee(s) performing service;
(3) printed name and signature of
witnesses;
(4) number of pounds destroyed/shredded
(vendor) or number of boxes (agency certified);
(5) date of destruction/shredding;
(6) identification of company’s
authorizing agent by name and position;
(7) printed name and signature of
official certifying the destruction (vendor or records liaison officer); and
(8) statement that shredded records
cannot be read, interpreted, or reconstructed.] The state records administrator may
suspend destruction of records determined to have historical value and, upon
approval of the commission, transfer the records to the state archives.
D. For legal and
audit purposes, the agency shall retain a certificate of destruction as proof
of the records destroyed. The
certificate of destruction shall include, at a minimum, the following
information:
(1) For paper records:
(a) place and date of pick up;
(b) printed name and signature of
employee(s) performing service;
(c) printed name and signature of
witnesses;
(d) number of pounds destroyed/shredded
(vendor) or number of boxes (agency certified);
(e) date of destruction/shredding;
(f) identification of company’s
authorizing agent by name and position;
(g) printed name and signature of
official certifying the destruction (vendor or designated records management
personnel); and
(h) statement that shredded records
cannot be read, interpreted, or reconstructed.
(2) For
electronic records:
(a) records
classification;
(b) printed name and signature of
employee(s) performing destruction;
(c) printed name and signature of record
owner;
(d) number of e-records destroyed;
(e) date of destruction;
(f) printed name and signature of
official certifying the destruction (designated records management personnel);
and
(g) statement that destroyed records
cannot be read, interpreted, or reconstructed.
E. Approved methods
for on-site destruction of records are as follows:
(1) Records that contain confidential or
sensitive information shall be destroyed through a bonded, insured, and
national association for information destruction (NAID) AAA document recycling
vendor by shredding in such a manner that the information cannot be read,
interpreted or reconstructed.
(2) Records
that do not contain confidential or sensitive information shall be destroyed
by:
(a) recycling by a bonded document
recycling vendor;
(b) shredding;
or
(c) dumpsite
burial.
(3) Records
which have been contaminated may be destroyed by:
(a) any
of the approved methods described above; or
(b) incineration.
(4) Agencies
shall select from the following methods of destruction for electronic records:
(a) erasure
from electronic media and all back up media;
(b) overwriting of reusable magnetic
media multiple times as recommended by the United States (U.S.) department of
defense;
(c) degaussing of the magnetic media; or
(d) physical destruction of the media as
recommended by the U.S. department of defense.
[1.13.30.11
NMAC - Rp, 1.13.30.11 NMAC, 11/28/2017; A, 06/12/2018]
1.13.30.12 RECORDS DELIVERED TO THE RECORDS CENTER FOR
DESTRUCTION: Agencies storing
records at their location may deliver records that have met their retentions to
the records center for destruction. For
approval to deliver records to the records center for destruction, the records
custodian, chief records officer or records liaison officer shall submit a
request on a form approved by the state records administrator.
A. The form may be
submitted electronically with a valid digital signature issued by the state
records administrator.
B. The state
records administrator or designee may inspect records prior to the acceptance
of the shipment for destruction.
C. [The state records administrator
may order the transfer of records to the state archives for review and
appraisal.] The state records administrator may suspend destruction of
records determined to be of historical value and, upon approval of the
commission, transfer the records to the state archives.
D. The approved request
for destruction shall match items delivered to the records center for
destruction. When a discrepancy is found
between what is listed on the approved request and what is delivered to the
records center, the shipment shall be rejected and the agency shall remove the
shipment from the records center.
E Agencies
utilizing the records centers for destruction services shall use boxes
equivalent to 15” x 10” x 12” in size.
F. Records
destroyed through the records center shall be assessed a fee per box. Agencies shall have a purchase order in place
prior to delivery of the shipment to the records center. For information on the fee schedule, refer to
1.13.2 NMAC.
G. Destruction,
returns and storage services will be suspended if the agency has an invoice
that is 90 days or more past due.
[1.13.30.12
NMAC - Rp, 1.13.30.12 NMAC, 11/28/2017; A, 06/12/2018]
1.13.30.13 DISPOSITION
OF RECORDS STORED IN THE RECORDS CENTER:
A. Upon receiving a
disposition authorization notice for records stored in the records center, only
the custodial agency’s records custodian or chief records officer shall review
the report of records to be destroyed or transferred to archives and respond by
the established deadline. Records
liaison officers do not have authority to sign the disposition authorization
notice for records stored at the records center.
B. Failure to
return a completed disposition authorization notice by the established deadline
shall result in a storage fee for records that are eligible for
destruction. In addition, the return of
withdrawn boxes, storage and disposition services will be suspended. For information on the fee schedule, refer to
1.13.2 NMAC.
C. Records
destroyed through the annual destruction process shall be assessed a fee per
box. For information on the fee
schedule, refer to 1.13.2 NMAC.
D. Destruction,
returns and storage services will be suspended if the agency has an invoice
that is 90 days or more past due.
[1.13.30.13
NMAC - Rp, 1.13.30.13 NMAC, 11/28/2017; A, 06/12/2018]