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          24:52:11:05.  Destruction authorized if archivist fails to make recommendation. Local government agencies may destroy the records for which petition to destroy has been made if the archivist does not recommend preserving the records within the allotted 30-day period, the archivist is notified according to § 24:52:11:04, and the Records Destruction Board has granted exclusive or continuous authorization as required in SDCL 1-27-19.

          Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 18 SDR 126, effective February 3, 1992; transferred from § 24:51:01:05, January 23, 1994.

          General Authority:SDCL 1-18C-12.

          Law Implemented:SDCL 1-18C-5, 1-18C-7.

          Cross-References:

          Destruction or impairment of public record, SDCL 22-11-24.

          Disposal of records permitted only as authorized by state law, SDCL 1-27-10.

          Records Destruction Board to supervise destruction of records, SDCL 1-27-11.

          Records management programs of local governments, SDCL 1-27-18.

          Destruction of ballots and pollbooks, SDCL 12-20-31.

          Attorney General's Opinions: County records may only be destroyed in accordance with state law, 1959-60 AGR 319; Authority of state Records Destruction Board, AGR 69-45; Destruction of obsolete municipal bonding records, AGR 72-53; Clerk of courts may destroy original copies of microfilmed records with permission of Records Destruction Board, AGR 74-2; Procedure for destruction of microfilmed records, AGR 76-42.


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