[Rev. 8/5/2015 1:06:04 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R118-12

[NAC-239 Revised Date: 8-15]

CHAPTER 239 - PUBLIC RECORDS

RECORDS OF LOCAL GOVERNMENTAL ENTITIES

239.011            Definitions.

239.019            “Convenience copy” defined.

239.022            “Division” defined.

239.041            “Legal custody” defined.

239.045            “Local governmental entity” defined.

239.051            “Nonrecord materials” defined.

239.061            “Office or department” defined.

239.101            “Record of a local governmental entity” and “record” defined.

239.103            “Record series” defined.

239.106            “Records management” defined.

239.131            Destruction of nonrecord materials.

239.145            Records management program: Documentation and standards required.

239.155            Disposal of record restricted; procedures for proposal and adoption of schedules for retention of records.

239.161            Dissemination of schedules for retention of records; minimum period for retention of original record.

239.165            Destruction of confidential records.

RECORDS OF STATE AGENCIES

239.570            Definitions.

239.575            “Administrative value” defined.

239.5755          “Authorized personnel” defined.

239.577            “Committee” defined.

239.578            “Convenience copy” defined.

239.582            “Disposition” defined.

239.585            “Division” defined.

239.597            “Historical value” defined.

239.620            “Legal custody” defined.

239.630            “Long-term record” defined.

239.660            “Received” defined.

239.663            “Record series” defined.

239.665            “Records center” defined.

239.668            “Records management” defined.

239.670            “Records officer” defined.

239.677            “Retention value” defined.

239.680            “Schedule” defined.

239.690            “State agency” defined.

239.692            “State Archives” defined.

239.696            Records management program: Establishment.

239.697            Records management program: General requirements.

239.699            Protection and preservation of records: General requirements; training for employees.

239.700            Records officer: Designation and replacement; responsibilities; duties of Division.

239.705            “Official state record” and “record” interpreted.

239.711            Destruction of nonrecord materials.

239.722            Disposal of confidential records.

239.740            Storage of records: Transfer of records to records center; storage of records not transferred to records center or office space owned by state agency; private facilities.

239.742            Storage of records in space or facility other than records center or office space owned by state agency.

239.745            Records management program of Nevada System of Higher Education.

239.750            Procedure upon abolishment or disbanding of state agency; procedure upon reorganization or reinstatement of defunct state agency.

MINUTES OF PUBLIC BODIES

239.850            Transfer for archival preservation and public access; maintenance in Nevada; legal custody; return from archival repository.

AVAILABILITY AND INSPECTION OF PUBLIC RECORDS

239.860            “Readily available” interpreted.

239.861            “Readily available medium” interpreted.

239.862            Certain information concerning availability of public records to be made available by agency on Internet.

239.863            Form to inspect, copy or receive copy of public record.

239.864            Fee for providing copy of public record: Estimate of fee; deposit.

239.865            Records official authorized to request additional information or clarification relating to request to inspect, copy or receive public record.

239.866            Requirements for inspection of public record.

239.867            No requirement to create public record that does not exist.

239.868            Agency prohibited from disposing of requested public record; disposal of unclaimed copy of public record.

239.869            Adoption by reference of Nevada Public Records Act: A Manual for State Agencies.

RECORDS MANAGEMENT

239.900            Definitions.

239.902            “Authorized personnel” defined.

239.904            “Disposition” defined.

239.906            “Electronic record” defined.

239.908            “Governmental entity” defined.

239.910            “Historical value” defined.

239.912            “Local governmental entity” defined.

239.914            “Migration” defined.

239.916            “Official state record” defined.

239.918            “Record” defined.

239.920            “Record of a local governmental entity” defined.

239.922            “Records management” defined.

239.924            “Records officer” defined.

239.926            “Schedule” defined.

239.928            “State agency” defined.

239.930            “State Archives” defined.

239.935            Sealed records.

239.940            Transfer of electronic records of historical value.

239.945            Electronic records.

 

 

RECORDS OF LOCAL GOVERNMENTAL ENTITIES

      NAC 239.011  Definitions. (NRS 239.125, 378.255)  As used in NAC 239.011 to 239.165, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.019 to 239.106, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by St. Librarian, eff. 10-26-83; A 1-24-92; 3-30-94; 7-9-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.019  “Convenience copy” defined. (NRS 239.125, 378.255)  “Convenience copy” means a duplicate record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.022  “Division” defined. (NRS 239.125, 378.255)  “Division” means the Division of State Library, Archives and Public Records of the Department of Administration.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006)

      NAC 239.041  “Legal custody” defined. (NRS 239.125, 378.255)  “Legal custody” means all rights and responsibilities of access to and maintenance of a record which are vested in an office or department of a local governmental entity and with the official or head of the department charged with the care, custody and control of that record.

     (Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin’r by R118-12, 10-24-2014)

      NAC 239.045  “Local governmental entity” defined. (NRS 239.125, 378.255)  “Local governmental entity” has the meaning ascribed to it in NRS 239.121.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.051  “Nonrecord materials” defined. (NRS 239.125, 378.255)  “Nonrecord materials” means published materials printed by a governmental printer, worksheets, unused blank forms except ballots, brochures, newsletters, magazines, catalogs, price lists, drafts, convenience copies, ad hoc reports, reference materials not relating to a specific project and any other documentation that does not serve as the record of an official action of a local governmental entity.

     (Added to NAC by St. Librarian, eff. 10-26-83; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.061  “Office or department” defined. (NRS 239.125, 378.255)  “Office or department” means an office, department, board, commission, committee, agency or any other subdivision of a local governmental entity where records are made, received or kept.

     (Added to NAC by St. Librarian, eff. 10-26-83)

      NAC 239.101  “Record of a local governmental entity” and “record” defined. (NRS 239.125, 378.255)  “Record of a local governmental entity” or “record” means information that is created or received pursuant to a law or ordinance, or in connection with the transaction of the official business of any office or department of a local governmental entity, including, without limitation, all documents, papers, letters, bound ledger volumes, maps, charts, blueprints, drawings, photographs, films, newspapers received pursuant to NRS 247.070, recorded media, financial statements, statistical tabulations and other documentary materials or information, regardless of physical form or characteristic.

     (Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.103  “Record series” defined. (NRS 239.125, 378.255)  “Record series” means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.106  “Records management” defined. (NRS 239.125, 378.255)  “Records management” means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate disposition of the record.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006; A by R118-12, 10-24-2014)

      NAC 239.131  Destruction of nonrecord materials. (NRS 239.125, 378.255)  Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by an official or the head of a department without being scheduled for destruction by the State Library, Archives and Public Records Administrator.

     (Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.145  Records management program: Documentation and standards required. (NRS 239.125, 378.255)  If a local governmental entity establishes a records management program pursuant to NRS 239.125, the program must:

     1.  Document its organization, functions, policies, decisions, procedures and essential transactions; and

     2.  Include the standards established in the Local Government Records Management Program Manual published by the State Library, Archives and Public Records Administrator pursuant to NAC 239.161.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006)

      NAC 239.155  Disposal of record restricted; procedures for proposal and adoption of schedules for retention of records. (NRS 239.125, 378.255)

     1.  A local governmental entity shall not dispose of any record except in accordance with:

     (a) A schedule for the retention of the record approved by the State Library, Archives and Public Records Administrator; or

     (b) The schedule for the retention of the record set forth in the Local Government Records Management Program Manual published by the State Library, Archives and Public Records Administrator pursuant to NAC 239.161.

     2.  Except as otherwise provided in subsection 5, before adopting a schedule for the retention of records, a local governmental entity shall submit the proposed schedule to the State Library, Archives and Public Records Administrator for review and approval.

     3.  The proposed schedule must include:

     (a) The title of each record series;

     (b) A brief description of the contents and purpose of each record series;

     (c) The proposed minimum period of retention for each record series; and

     (d) The proposed method of disposition.

     4.  After review, the State Library, Archives and Public Records Administrator will return the proposed schedule to the local governmental entity with a signed and dated cover sheet.

     5.  A local governmental entity may adopt a schedule for the retention of a record without the approval of the State Library, Archives and Public Records Administrator if the local governmental entity adopts the schedule for the retention for the record that is set forth in the Local Government Records Management Program Manual published by the State Library, Archives and Public Records Administrator pursuant to NAC 239.161.

     6.  The local governmental entity shall adopt a schedule by ordinance or regulation.

     (Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.161  Dissemination of schedules for retention of records; minimum period for retention of original record. (NRS 239.125, 378.255)

     1.  The State Library, Archives and Public Records Administrator will:

     (a) Publish the schedules for the retention of records established pursuant to NRS 239.125 in the Local Government Records Management Program Manual; and

     (b) Provide a current copy of the Manual to each local governmental entity.

     2.  The periods established in the Local Government Records Management Program Manual indicate the minimum length of time that a record of a local governmental entity must be retained in legal custody by the custodian of the record, regardless of its physical location.

     (Added to NAC by St. Librarian, eff. 10-26-83; A 7-18-88; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.165  Destruction of confidential records. (NRS 239.125, 378.255)  To protect the confidentiality of the records of a local governmental entity that are declared by law to be confidential, such records must be destroyed in accordance with the applicable schedule for the retention of the record and:

     1.  In the manner required by the laws, regulations, established standards, policies and procedures of the State or Federal Government; or

     2.  If no laws, regulations, established standards, policies or procedures are applicable, in a manner that ensures the information contained in the record cannot be retrieved or reconstructed.

     (Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

RECORDS OF STATE AGENCIES

      NAC 239.570  Definitions. (NRS 378.255, 378.280)  As used in NAC 239.570 to 239.750, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.575 to 239.692, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 1-24-92; 3-30-94; 1-31-96; 3-12-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.575  “Administrative value” defined. (NRS 378.255, 378.280)  “Administrative value” means the usefulness or significance of a record in supporting the management and operations of a state agency.

     (Added to NAC by St. Librarian, eff. 12-4-91)—(NAC A by Library & Archives Admin’r by R118-12, 10-24-2014)

      NAC 239.5755  “Authorized personnel” defined. (NRS 378.255, 378.280)  “Authorized personnel” includes, without limitation:

     1.  The records officer, legal counsel and appointing authority of a state agency;

     2.  Any person who is designated by the appointing authority of a state agency; and

     3.  For the purpose of creating a schedule, the State Library, Archives and Public Records Administrator or a designee thereof.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.577  “Committee” defined. (NRS 378.255, 378.280)  “Committee” has the meaning ascribed to it in NRS 239.005.

     (Added to NAC by St. Librarian, eff. 3-30-94)

      NAC 239.578  “Convenience copy” defined. (NRS 378.255, 378.280)  “Convenience copy” means a duplicate record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.582  “Disposition” defined. (NRS 378.255, 378.280)  “Disposition” means the destruction of a record or the transfer of a record to the State Archives for permanent retention.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.585  “Division” defined. (NRS 378.255, 378.280)  “Division” means the Division of State Library, Archives and Public Records of the Department of Administration.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 239.597  “Historical value” defined. (NRS 378.255, 378.280)  “Historical value” means the long-term research or archival value remaining in a record after the administrative value of the information contained in the record has expired.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.620  “Legal custody” defined. (NRS 378.255, 378.280)  “Legal custody” means all rights and responsibilities of access to and maintenance of a record which are vested in a state agency and with the head of the state agency charged with the care, custody and control of that record.

     (Added to NAC by St. Librarian, eff. 12-4-91)—(NAC A by Library & Archives Admin’r by R118-12, 10-24-2014)

      NAC 239.630  “Long-term record” defined. (NRS 378.255, 378.280)  “Long-term record” means a record which must be retained for more than 10 years.

     (Added to NAC by St. Librarian, eff. 1-24-92; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 239.660  “Received” defined. (NRS 378.255, 378.280)  “Received” means the receipt of records by personnel of a state agency, whether in person, by messenger, mail or electronic transmission or by any other method.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94)—(NAC A by Library & Archives Admin’r by R118-12, 10-24-2014)

      NAC 239.663  “Record series” defined. (NRS 378.255, 378.280)  “Record series” means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.665  “Records center” defined. (NRS 378.255, 378.280)  “Records center” means the center created pursuant to subsection 4 of NRS 378.255 for storing and retrieving records of state agencies.

     (Added to NAC by St. Librarian, eff. 12-4-91)

      NAC 239.668  “Records management” defined. (NRS 378.255, 378.280)  “Records management” means the systematic control and management of information throughout the life cycle of the information, including, without limitation, the creation, use, maintenance, retention and ultimate disposition of the information.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006)

      NAC 239.670  “Records officer” defined. (NRS 378.255, 378.280)  “Records officer” means the person designated, pursuant to NAC 239.700, by the head of a state agency.

     (Added to NAC by St. Librarian, eff. 12-4-91)—(NAC A by Library & Archives Admin’r by R118-12, 10-24-2014)

      NAC 239.677  “Retention value” defined. (NRS 378.255, 378.280)  “Retention value” means the value of a record to a state agency or the Board of Regents of the University of Nevada as determined by an appraisal of the record by the Division.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.680  “Schedule” defined. (NRS 378.255, 378.280)  “Schedule” means a schedule for the retention and disposition of official state records developed by a state agency and approved by the Committee pursuant to NRS 239.080.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 239.690  “State agency” defined. (NRS 378.255, 378.280)  “State agency” means an office, department, board, commission, committee, agency or any other subdivision of the Executive Branch of the Government of the State of Nevada where records are made, received or kept.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 1-31-96; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 239.692  “State Archives” defined. (NRS 378.255, 378.280)  “State Archives” means the program within the Division responsible for the selection, preservation and accessibility of records of historical value.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006; A by R118-12, 10-24-2014)

      NAC 239.696  Records management program: Establishment. (NRS 378.255, 378.280)  A state agency shall establish a records management program which documents its organization, functions, policies, decisions, procedures and essential transactions.

     (Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 239.697  Records management program: General requirements. (NRS 378.255, 378.280)  The records management program established pursuant to NAC 239.696 must include controls for the creation, maintenance, use, security and distribution of the records of the state agency to ensure that the state agency:

     1.  Refrains from accumulating unnecessary records or gathering information which is not essential to the proper functioning of the state agency;

     2.  Adheres to the appropriate schedule;

     3.  Maintains its records in a manner which is cost-effective and which allows for the rapid retrieval and protection of the information contained within that record;

     4.  Establishes and documents standards for a filing system for the state agency;

     5.  Provides for the transfer of its records which are of historical value to the State Archives in accordance with NRS 239.080, 239.085, 239.090 and 378.250 and NAC 239.750, 239.940 and 239.945; and

     6.  Establishes written policies and procedures for the proper access or denial of access to the public or other governmental agencies to records which have been declared by law to be confidential or otherwise restricted.

     (Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.699  Protection and preservation of records: General requirements; training for employees. (NRS 378.255, 378.280)

     1.  A state agency shall take such measures as are necessary to ensure that the records in its legal custody are protected from unlawful removal, misuse, damage, alteration, destruction or loss. The state agency shall notify the appropriate prosecuting attorney or law enforcement agency of any actual, impending or threatened unlawful acts toward the records in the custody of the state agency.

     2.  A state agency shall provide for ongoing training for its employees on the measures which the state agency has taken pursuant to subsection 1. The training must include:

     (a) Instruction in procedures which ensure that the records in the legal custody of the state agency will not be destroyed or otherwise disposed of except in accordance with the provisions of NRS 239.080; and

     (b) A review of the penalties for the unlawful removal, misuse, damage, alteration, destruction or loss of records, as set forth in chapter 205 of NRS and NRS 239.300 to 239.330, inclusive, 281.180, 281.190, 603.080 and 603.090.

     3.  The head of the state agency is responsible for taking such measures as are possible to protect the records in the legal custody of the state agency from any natural or other disaster. The head of the state agency shall notify the State Library, Archives and Public Records Administrator of any damage to a record in the legal custody of the state agency as a result of a natural or other disaster.

     (Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.700  Records officer: Designation and replacement; responsibilities; duties of Division. (NRS 378.255, 378.280)

     1.  Except as otherwise provided in subsection 3, the head of each state agency shall designate a records officer. A person designated pursuant to NRS 239.008 to act as records official for a state agency may be designated as the records officer of the state agency pursuant to this section.

     2.  A records officer shall:

     (a) Act as a liaison between the state agency and the Division on issues relating to the retention and disposition of the records of the state agency;

     (b) Oversee and administer the records management program of the state agency established pursuant to NAC 239.696;

     (c) Approve or disapprove the documentation for each transfer of records from the state agency to the records center;

     (d) Approve or disapprove all requests for the disposition of a record pursuant to the appropriate schedule;

     (e) Attend training classes offered by the Division on the retention and disposition of records; and

     (f) Coordinate the training of officers, employees and agents of the state agency on the retention and disposition of records.

     3.  Until the head of a state agency appoints a records officer, the head of the state agency is ex officio the records officer of the state agency.

     4.  The head of each state agency:

     (a) May designate a new records officer at any time; and

     (b) Shall notify the Division, in writing, if the records officer has been replaced.

     5.  The Division shall:

     (a) Maintain a current list of the records officer of each state agency;

     (b) Provide to each records officer any publications of the Division relating to the retention and disposition of records; and

     (c) Direct to the records officer of a state agency any correspondence relating to the retention and disposition of records of the state agency.

     (Added to NAC by St. Librarian, eff. 12-4-91; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.705  “Official state record” and “record” interpreted. (NRS 378.255, 378.280)

     1.  For the purposes of NRS 239.080 and as used in NAC 239.570 to 239.750, inclusive, “official state record” or “record” means information created or received by a state agency under authority of law, regulation or other legal mandate or in connection with the transaction of public business that is maintained by the state agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the state agency, including, without limitation, all papers, maps, photographs, financial statements, statistical tabulations, recorded media and other documentary materials, regardless of physical form or characteristics.

     2.  The phrase does not include nonrecord materials. Nonrecord materials include, without limitation, published materials printed by a governmental printer, informal notes, unused blank forms except ballots, brochures, newsletters, magazines, catalogs, price lists, drafts, convenience copies, ad hoc reports, reference materials not relating to a specific project and any other documentation that does not serve as the record of an official action of a state agency.

     (Added to NAC by St. Librarian, eff. 12-4-91; A by Library & Archives Admin’r by R007-98, 4-10-98; R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.711  Destruction of nonrecord materials. (NRS 378.255, 378.280)  Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by a state agency without being scheduled for destruction by the Committee.

     (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006; A by R118-12, 10-24-2014)

      NAC 239.722  Disposal of confidential records. (NRS 378.255, 378.280)  A record which has been declared confidential pursuant to NRS 239.010 must be disposed of only in accordance with the applicable schedule and:

     1.  In the manner required by the laws, regulations, established standards, policies and procedures of the State or Federal Government; or

     2.  If no laws, regulations, established standards, policies or procedures are applicable, in a manner which ensures that the information contained in the record cannot be retrieved or reconstructed.

     (Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.740  Storage of records: Transfer of records to records center; storage of records not transferred to records center or office space owned by state agency; private facilities. (NRS 378.255, 378.280)

     1.  A state agency may transfer a record to the records center.

     2.  Subject to the requirements set forth in subsection 3 or 4, as applicable, to the extent allowed by legislative appropriation, a state agency shall store official state records that are not transferred to the records center or an office space owned by the state agency in a space or facility which meets the standards set forth in NAC 239.742.

     3.  A state agency shall not store such records in a space or facility not owned by the State without the written permission of the person designated by the State Library, Archives and Public Records Administrator to manage official state records. He or she shall determine whether the private facility meets with the standards set forth in NAC 239.742.

     4.  A state agency shall not store such records in a space or facility owned by the State without the written permission of the person designated by the State Library, Archives and Public Records Administrator to manage official state records if the space or facility is not the records center or an office space. He or she shall determine whether the space or facility meets the standards set forth in NAC 239.742.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.742  Storage of records in space or facility other than records center or office space owned by state agency. (NRS 378.255, 378.280)

     1.  Any records stored by a state agency in a space or facility other than the records center or an office space owned by the state agency must be stored under the conditions specified in subsections 2 and 3.

     2.  The space or facility must:

     (a) Have storage areas that meet all applicable building, fire and safety codes;

     (b) Be clear of dust, dirt, insects, birds, mold, mildew, rodents or other environmental hazards to records;

     (c) Be constructed and maintained to minimize the risk of damage to records from floods, fires, earthquakes, winds and other natural disasters or dangers;

     (d) Have insulation and wrapping around any pipes used to carry water;

     (e) Have a security system that is connected to a central station for fire and intrusion monitoring which monitors the space or facility 24 hours per day;

     (f) Have a fire suppression system that is monitored 24 hours per day and uses cross-zone detection;

     (g) Prohibit the storage of combustible materials, food or industrial supplies within the space or facility; and

     (h) Prohibit smoking or the use of any open flame within the space or facility.

     3.  The temperature in the area of the space or facility that is used to store records that are kept on paper or microfilm must be between 65 degrees Fahrenheit and 75 degrees Fahrenheit.

     4.  Only authorized personnel of a state agency that stores records in a space or facility other than the records center or an office space owned by the state agency may have access to the area of the space or facility where the records are stored.

     5.  A state agency that stores records at a space or facility other than the records center or an office space owned by the state agency shall establish and maintain:

     (a) A list of all the records stored at the space or facility;

     (b) Procedures for authorized personnel to access any records stored at the space or facility; and

     (c) Procedures for ensuring that the records stored at the space or facility are disposed of only in accordance with the schedule.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.745  Records management program of Nevada System of Higher Education. (NRS 378.255, 378.280)

     1.  The Board of Regents of the University of Nevada shall establish a records management program. The Board of Regents shall provide a facility for the storage of the records on each campus of the Nevada System of Higher Education. The records of each institution must remain with and be maintained by that institution. Under such a program, each record series produced and stored by an institution of the Nevada System of Higher Education must be inventoried, appraised and scheduled on forms approved by the Committee. Each institution shall submit the schedules to the Committee for approval.

     2.  The Board of Regents of the University of Nevada shall provide for the preservation of records from the Nevada System of Higher Education with retention value, and such records must be stored in a space or facility which meets the standards set forth in NAC 239.742.

     (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

      NAC 239.750  Procedure upon abolishment or disbanding of state agency; procedure upon reorganization or reinstatement of defunct state agency. (NRS 378.255, 378.280)

     1.  Upon receiving notice that a state agency is being abolished or disbanded, the head of the state agency, whether elected or appointed, shall take such actions as may be necessary to transfer the records of the state agency to the Division for appraisal and preservation. Upon receipt, the Division acquires legal custody of these records. The records center shall maintain the records of defunct state agencies which have administrative or retention value until the scheduled period for retention has passed. Thereafter, any long-term record or record of historical value must be transferred to the State Archives.

     2.  If a defunct state agency is reorganized or reinstated, the Division shall transfer the defunct state agency’s records with retention value into the legal custody of the state agency that is reorganized or reinstated. Records of historical value must remain with the State Archives.

     (Added to NAC by St. Librarian, eff. 12-4-91; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

MINUTES OF PUBLIC BODIES

      NAC 239.850  Transfer for archival preservation and public access; maintenance in Nevada; legal custody; return from archival repository. (NRS 378.255, 378.280)

     1.  For the purposes of subsection 2 of NRS 241.035, the minutes of a public body, including agendas, exhibits and other related records, may be transferred for archival preservation and continued public access to:

     (a) For a state agency, the State Archives.

     (b) For the Nevada System of Higher Education, an archival program or special collections of the Nevada System of Higher Education.

     (c) For a local governmental entity, an archival repository that:

          (1) Has been approved by the governing body that created the minutes or its successor; and

          (2) Is located in this State.

     2.  Except for the purposes of display or special exhibits, minutes created in accordance with NRS 241.035 must remain in this State.

     3.  An archival repository that accepts minutes from a public body pursuant to subsection 1 receives legal custody of the minutes.

     4.  If an archival repository has accepted minutes from a public body pursuant to subsection 1 and finds itself no longer able to retain those minutes, the archival repository shall return the minutes to the public body from which the minutes originated or to the successor of that public body. If the public body or its successor ceases to exist, the records must be transferred to an archival repository pursuant to the provisions of subsection 1.

     5.  As used in this section:

     (a) “Archival repository” means a facility, professional staff and written program established to select, preserve and provide access to records containing research or archival value.

     (b) “Local governmental entity” has the meaning ascribed to it in NRS 239.121.

     (c) “State agency” has the meaning ascribed to it in NAC 239.690.

     (Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006; R118-12, 10-24-2014)

AVAILABILITY AND INSPECTION OF PUBLIC RECORDS

      NAC 239.860  “Readily available” interpreted. (NRS 239.008, 378.255)  For the purposes of NRS 239.0107, as applicable to an agency of the Executive Department, a public record is “readily available” if:

     1.  The public record is easily retrievable by an officer, employee or agent of the agency who has legal custody or control of the record;

     2.  The public record does not contain any confidential information; and

     3.  The nature of the public record is such that an officer, employee or agent of the agency who has legal custody or control of the record is not required to review the record to determine whether the record includes confidential information.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.861  “Readily available medium” interpreted. (NRS 239.008, 378.255)  For the purposes of NRS 239.010, as applicable to an agency of the Executive Department, “readily available medium” means any format in which a public record exists with the agency at the time that a person requests to inspect, copy or receive a copy of the public record.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.862  Certain information concerning availability of public records to be made available by agency on Internet. (NRS 239.008, 378.255)  A records official of each agency of the Executive Department shall ensure that the agency makes available on the website maintained by the agency on the Internet or its successor:

     1.  The address and regular office hours of the principal office of the agency;

     2.  The name of each records official of the agency;

     3.  An explanation of any fees the agency charges for providing a copy of a public record;

     4.  An explanation of how a person may request to inspect, copy or receive a copy of a public record; and

     5.  A link to the form described in NAC 239.863 to request to inspect, copy or receive a copy of a public record.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.863  Form to inspect, copy or receive copy of public record. (NRS 239.008, 378.255)

     1.  The form to request to inspect, copy or receive a copy of a public record of an agency of the Executive Department must include, without limitation:

     (a) The name, address and telephone number of the person submitting the request;

     (b) The date that the request is submitted to the agency;

     (c) A description of the public record that is sufficient to identify the record;

     (d) An indication of whether the person submitting the request wants to inspect, copy or receive a copy of the public record;

     (e) If the person wants to receive a copy of the public record, an indication of:

          (1) Whether the person wants a paper copy, an electronic copy or a certified copy of the record; and

          (2) Whether the person will receive the copy of the record at the office of the agency or the person wants to receive the copy by mail, facsimile machine or electronic mail; and

     (f) An oral or written affirmation by the person requesting to inspect, copy or receive a copy of the public record that the person understands that:

          (1) There may be a fee to receive a copy of a public record, which the person must pay in full before receiving the copy; and

          (2) He or she will receive from a records official a written estimate to reproduce the public record if the estimated actual cost of reproducing the record is more than $25.

     2.  If a person indicates that he or she wants to receive a copy of the public record by facsimile machine or electronic mail, the person must include on the form a facsimile number or electronic mail address, as applicable.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.864  Fee for providing copy of public record: Estimate of fee; deposit. (NRS 239.008, 378.255)  If an agency of the Executive Department charges a fee for providing a copy of a public record:

     1.  A records official shall provide a person who requests a copy of a public record with an estimate of the fee for the copy, if the estimated actual cost is more than $25. The estimate of the fee must include, without limitation, the amount of postage that the agency will charge the person if the person requested to have the copy delivered by mail.

     2.  A records official:

     (a) May require the person who requests a copy of a public record to pay a deposit of not more than the estimate of the actual cost of providing the copy; and

     (b) Shall require the person who requests a copy of a public record to pay the fee for providing the copy, including, without limitation, postage for mailing the copy, if applicable, before the person receives the copy.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.865  Records official authorized to request additional information or clarification relating to request to inspect, copy or receive public record. (NRS 239.008, 378.255)  A records official may request additional information or clarification from a person who has requested to inspect, copy or receive a copy of a public record to determine which public record the person is requesting to inspect, copy or receive a copy of, as applicable.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.866  Requirements for inspection of public record. (NRS 239.008, 378.255)

     1.  A records official of each agency of the Executive Department shall ensure that the agency provides a suitable space for a person to inspect a public record in a manner that does not cause excessive interference with the essential functions of the agency.

     2.  A records official shall ensure that an employee of the agency observes the inspection of a public record.

     3.  A person who requests to inspect a public record shall not:

     (a) Remove a document from the space provided pursuant to subsection 1; or

     (b) Disassemble or alter the public record.

     4.  A records official may provide access to inspect a public record in installments if the person who requested to inspect the record agrees and the record is large enough that it would be reasonably practicable to provide access to the record in installments.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.867  No requirement to create public record that does not exist. (NRS 239.008, 378.255)  If a person requests to inspect, copy or receive a copy of a public record that does not exist, a records official or an agency of the Executive Department is not required to create a public record to satisfy the request.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.868  Agency prohibited from disposing of requested public record; disposal of unclaimed copy of public record. (NRS 239.008, 378.255)

     1.  Except as otherwise provided in subsection 2, if a person requests to inspect, copy or receive a copy of a public record, the records official of the agency of the Executive Department which possesses the record shall ensure that the agency does not dispose of the record until the agency has complied with the request.

     2.  If a person who requests to receive a copy of a public record does not claim the copy, the records official may dispose of the copy if the person does not:

     (a) Claim the copy from the agency; or

     (b) Notify the agency of when the person will claim the copy,

Ê within 30 days after the copy is reproduced.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

      NAC 239.869  Adoption by reference of Nevada Public Records Act: A Manual for State Agencies. (NRS 239.008, 378.255)  The State Library, Archives and Public Records Administrator hereby adopts by reference the Nevada Public Records Act: A Manual for State Agencies, 2014 edition, and any subsequent edition issued by the Division which has been approved by the Administrator. The most recent edition that has been approved by the Administrator may be obtained, at no cost, from the Division of State Library, Archives and Public Records of the Department of Administration, 100 North Stewart Street, Carson City, Nevada 89701, or at the Internet address http://nsla.nv.gov/Records/Public_Records/Public_Records/.

     (Added to NAC by Library & Archives Admin’r by R107-13, eff. 12-22-2014)

RECORDS MANAGEMENT

      NAC 239.900  Definitions. (NRS 239.125, 378.255, 378.280)  As used in NAC 239.900 to 239.945, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.902 to 239.930, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.902  “Authorized personnel” defined. (NRS 239.125, 378.255, 378.280)  “Authorized personnel” includes, without limitation:

     1.  The records officer, legal counsel and appointing authority of the governmental entity;

     2.  Any person who is designated by the appointing authority of the governmental entity; and

     3.  For the purpose of creating a schedule, the State Library, Archives and Public Records Administrator or a designee thereof.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.904  “Disposition” defined. (NRS 239.125, 378.255, 378.280)  “Disposition” means the destruction of a record or the transfer of a record to the State Archives for permanent retention.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.906  “Electronic record” defined. (NRS 239.125, 378.255, 378.280)  “Electronic record” means a record of a governmental entity that is stored by the governmental entity in an electronic format, such that a computer or machine is required to access or process the record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.908  “Governmental entity” defined. (NRS 239.125, 378.255, 378.280)  “Governmental entity” means:

     1.  A local governmental entity;

     2.  A state agency; or

     3.  The Board of Regents of the University of Nevada.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.910  “Historical value” defined. (NRS 239.125, 378.255, 378.280)  “Historical value” has the meaning ascribed to it in NAC 239.597.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.912  “Local governmental entity” defined. (NRS 239.125, 378.255, 378.280)  “Local governmental entity” has the meaning ascribed to it in NRS 239.121.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.914  “Migration” defined. (NRS 239.125, 378.255, 378.280)  “Migration” means the transfer of an electronic record from one hardware, software or database structure to another or from one generation of computer technology to another for the purpose of assuring the preservation, usability and integrity of the record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.916  “Official state record” defined. (NRS 239.125, 378.255, 378.280)  “Official state record” has the meaning ascribed to it in NAC 239.705.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.918  “Record” defined. (NRS 239.125, 378.255, 378.280)  “Record” includes, without limitation, a record of a local governmental entity and an official state record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.920  “Record of a local governmental entity” defined. (NRS 239.125, 378.255, 378.280)  “Record of a local governmental entity” has the meaning ascribed to it in NAC 239.101.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.922  “Records management” defined. (NRS 239.125, 378.255, 378.280)  “Records management” means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate disposition of the record.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.924  “Records officer” defined. (NRS 239.125, 378.255, 378.280)  “Records officer” means:

     1.  In the case of a state agency, the person designated pursuant to NAC 239.700 by the head of the state agency; or

     2.  In the case of the Board of Regents of the University of Nevada or a local governmental entity, a person, if any, designated to manage the records of the Board or the local governmental entity.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.926  “Schedule” defined. (NRS 239.125, 378.255, 378.280)  “Schedule” means, as applicable:

     1.  A schedule for the retention of records approved by the State Library, Archives and Public Records Administrator pursuant to NAC 239.155; or

     2.  A schedule for the retention and disposition of official state records developed by a state agency and approved by the Committee pursuant to NRS 239.080.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.928  “State agency” defined. (NRS 239.125, 378.255, 378.280)  “State agency” has the meaning ascribed to it in NAC 239.690.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.930  “State Archives” defined. (NRS 239.125, 378.255, 378.280)  “State Archives” has the meaning ascribed to it in NAC 239.692.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.935  Sealed records. (NRS 239.125, 378.255, 378.280)

     1.  If a governmental entity is required by law or a court of competent jurisdiction to seal a record which is in its legal custody, the governmental entity must make the record accessible only to authorized personnel of the governmental entity, a person possessing a court order authorizing the person to access the record or any other person authorized by law to access the record.

     2.  A governmental entity shall:

     (a) Place a sealed record in a place which is not accessible to the general public, such as a filing cabinet or drawer which can be locked; or

     (b) Send a sealed record to:

          (1) The records center; or

          (2) A space or facility that meets the requirements set forth in NAC 239.742.

     3.  If a sealed record is an electronic record, the governmental entity must:

     (a) Transfer the sealed record to:

          (1) A directory in which the sealed record is protected from unauthorized access;

          (2) An off-line media format, including, without limitation, a compact disc or tape; or

          (3) A computer system in which the sealed record is protected from unauthorized access; and

     (b) Indicate on the sealed record that it has been sealed and may be accessed only by authorized personnel.

     4.  Unless prohibited by law or a court order, a governmental entity may place an image of a sealed record on microfilm or convert the sealed record to an electronic record so that the physical version of the sealed record may be destroyed.

     5.  A governmental entity shall make a notation in its records management program that a record has been sealed. The notation must include, without limitation, the name of the record, the date on which it was sealed and a cite of the legal authority for sealing the record. The governmental entity shall place with the sealed record a copy of the court order, statutory authority or other legal authority pursuant to which the record is sealed.

     6.  A sealed record is not accessible to the public for inspection. When responding to any inquiry regarding a sealed record, a governmental entity may disclose the existence of the sealed record only if authorized to do so by law or a court of competent jurisdiction.

     7.  If a record is sealed, authorized personnel of the governmental entity may review the record for administrative purposes only.

     8.  The governmental entity shall keep an access log for each sealed record. All inspections of a sealed record must be recorded in the access log, which must specify the name of the person who inspects the sealed record, the date of the inspection, the purpose of the inspection and the specific law or court order authorizing the inspection of the sealed record.

     9.  A sealed record may be disposed of only as authorized by the schedule of the governmental entity.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.940  Transfer of electronic records of historical value. (NRS 239.125, 378.255, 378.280)

     1.  If the Committee requires a state agency to transfer an electronic record of historical value to the State Archives, the state agency must transfer the electronic record to the State Archives in accordance with procedures established by the State Library, Archives and Public Records Administrator.

     2.  A local governmental entity may transfer an electronic record of historical value to an archival repository that:

     (a) Has been approved by the governing body of the local governmental entity; and

     (b) Is located in this State.

     3.  As used in this section, “archival repository” has the meaning ascribed to it in NAC 239.850.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

      NAC 239.945  Electronic records. (NRS 239.051, 239.125, 378.255)

     1.  The electronic recordkeeping system described in NRS 239.051 of a governmental entity must be designed and maintained so that the electronic recordkeeping system is able to:

     (a) Manage each electronic record in the electronic recordkeeping system throughout the life cycle of the electronic record, from its creation or receipt until its ultimate disposition, including, without limitation:

          (1) Allowing only authorized personnel to access and modify each electronic record;

          (2) Creating an electronic index or other searchable database for electronic records;

          (3) Preserving electronic records and preventing the unauthorized alteration, erasure or destruction of electronic records;

          (4) Creating a backup electronic recordkeeping system that allows for the recovery of electronic records in the case of the failure of the electronic recordkeeping system;

          (5) Correlating electronic records maintained in the electronic recordkeeping system with related records that are not maintained in the electronic recordkeeping system; and

          (6) Allowing for the migration of electronic records;

     (b) Distinguish between an electronic record and nonrecord materials;

     (c) Match each electronic record to the appropriate schedule;

     (d) Indicate:

          (1) Whether the governmental entity is still amending the electronic record; and

          (2) The last date on which the governmental entity amended the electronic record;

     (e) Identify the date, if any, of the disposition of the electronic record;

     (f) If an electronic record is destroyed, ensure that the electronic record is destroyed in accordance with the appropriate schedule and in a manner which ensures that the information contained in the electronic record cannot be retrieved or reconstructed; and

     (g) Transfer each electronic record of historical value to the State Archives or an archival repository pursuant to NAC 239.940.

     2.  A governmental entity shall:

     (a) Ensure that no electronic record, portion thereof, or any other information in the electronic recordkeeping system is lost or destroyed because of changing or deteriorating technology;

     (b) Retain each electronic record in a usable format for the period required pursuant to the appropriate schedule;

     (c) Ensure that the migration of an electronic record does not prevent the authorized disposition of the electronic record;

     (d) Establish procedures to ensure the validity of the electronic records managed by the electronic recordkeeping system and the disposition of such electronic records. Such procedures must include, without limitation:

          (1) The regular copying and reformatting of each electronic record in the electronic recordkeeping system and regular performance of any other actions necessary to ensure the retention, usability and completeness of each electronic record in the electronic recordkeeping system throughout the life cycle of each electronic record, from its creation or receipt until its final disposition; and

          (2) Standardizing the methods for creating and retrieving similar types of electronic records; and

     (e) Provide for the staff of the governmental entity an ongoing training program regarding the use of the electronic recordkeeping system, including, without limitation, training in:

          (1) The operation, care and handling of the equipment, software and media used in the electronic recordkeeping system;

          (2) Recognizing the distinction between an electronic record and nonrecord materials;

          (3) Safeguarding confidential, restricted or otherwise sensitive electronic records; and

          (4) Managing electronic mail.

     3.  As used in this section:

     (a) “Convenience copy” means a duplicate record.

     (b) “Electronic recordkeeping system” means a computerized information system with which electronic records are collected, organized and categorized to facilitate their preservation, retrieval, use and disposition.

     (c) “Nonrecord materials” means published materials printed by a governmental printer, worksheets, unused blank forms except ballots, brochures, newsletters, magazines, catalogs, price lists, drafts, convenience copies, ad hoc reports, reference materials not relating to a specific project and any other documentation that does not serve as the record of an official action of a governmental entity.

     (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)