DAR File No. 31555

Administrative Services, Archives

R17-7

Archival Records Care and Access at the State Archives

NOTICE OF PROPOSED RULE

DAR File No.: 31555
Filed: 06/12/2008, 02:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of State Archives decided in 2007 that it needed to establish rules to clarify the procedures it was implementing concerning government records.

Summary of the rule or change:

This rule defines the role of the State Archives concerning the access and care of government records, including the enforcement of violating the State Archives records care, and access procedures.

State statutory or constitutional authorization for this rule:

Subsection 63A-12-104(1)

Anticipated cost or savings to:

the state budget:

There may be a cost in personnel time if a state agency needs to provide information to the State Archives concerning the classification of a record should a request to classify or reclassify a record come to the State Archives.

local governments:

There may be a cost in personnel time if a local government needs to provide information to the State Archives concerning the classification of a record should a request to classify or reclassify a record come to the State Archives.

small businesses and persons other than businesses:

Since this rule deals with the access and care of records in the custody of the State Archives, there is not an anticipated cost or savings to small businesses and other persons.

Compliance costs for affected persons:

There may be a cost in personnel time if a governmental entity needs to provide information to the State Archives concerning the classification of a record should a request to classify or reclassify a record come to the State Archives.

Comments by the department head on the fiscal impact the rule may have on businesses:

Since this rule deals with the access and care of records in the custody of the State Archives, there is not an anticipated cost or savings to businesses. Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Archives
346 S RIO GRANDE
SALT LAKE CITY UT 84101-1106

Direct questions regarding this rule to:

Janell Tuttle at the above address, by phone at 801-531-3864, by FAX at 801-531-3867, or by Internet E-mail at jtuttle@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Patricia Smith-Mansfield, Director

R17. Administrative Services, Archives and Records Service.

R17-7. Archival Records Care and Access at the State Archives.

R17-7-1. Authority and Purpose.

In accordance with Subsection 63A-12-104(1), this rule establishes a procedure for the care and access of records in the custody of the State Archives, including classification or reclassification.

 

R17-7-2. Custody of Records, Care and Access.

(1) The State Archives accepts records which are placed in the official custody of the State Archivist in accordance with Sections 63G-2-604, 63A-12-102, 63A-12-103, and 63A-12-105.

(2) Records in the State Archives are available for public use in the State Archives insofar as use of the records is not restricted by law.

(3) Except as otherwise provided by law, records may not be removed or loaned for use outside the State Archives.

 

R17-7-3. Access to Records.

(1) Records are made available for public use in the State Archives Research Center. Patrons must observe Research Center procedures for the protection and control of the records.

(2) Patrons are required to register to use the Research Center and Research Center staff may require patrons to provide photographic identification.

(3) Patrons shall only use a pencil when making personal notes, shall not mark public records, and shall maintain the original order of the public records consulted.

(4) Persons may not smoke, drink, or eat in the Research Center.

(5) Patrons may take only paper and research materials into the Research Center. Patrons must check brief cases, purses, backpacks, or similar items at the desk before entering the research area.

(6) Patrons shall use care in handling fragile materials. Patrons shall not alter, mutilate, or otherwise deface public records.

(7) Patrons may not remove government records from the Research Center.

 

R17-7-4. Enforcement.

(1) If a patron violates R17-7-3, Research Center staff may issue a verbal warning.

(2) If, after unheeded warning, or if there is risk of immediate or severe damage to records, staff may request the patron to leave immediately.

(3) If a patron fails to promptly comply with staff request to leave, staff may request assistance from building security personnel and, from city police.

(4) These enforcement subsections do not limit Archives from performing its duties and enforcing these rules as otherwise allowed by law.

 

R17-7-5. Classification.

(1) Upon receiving a request to classify or reclassify a record or information within a record that is in the official custody of State Archives, State Archives may provide notice to any existing governmental entity that has classified the record series or record.

(2) No later than three days of the date of the notice, the governmental entity may notify State Archives of any decision regarding the classification of the record or information within the record.

(3) If the governmental agency fails to notify State Archives of any decision, then State Archives must classify or reclassify the record or information within the record as required by law or may classify or reclassify the record or information as allowed by law.

 

KEY: records retention, public information, access to information

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 63A-12-104