CHAPTER 10:03:02
PROCEDURE
Section
10:03:02:01 Petition content requirements.
10:03:02:02 Petitions to be filed with state records manager.
10:03:02:03 Executive secretary to furnish copies of petitions to board members.
10:03:02:04 Sequence of board action.
10:03:02:05 Authorized action by the board.
10:03:02:01. Petition content requirements. A petition to the board requesting authority for destruction shall be submitted on forms prescribed by the board and shall contain the following:
(1) The date;
(2) The number of pages of the petition submitted;
(3) A description of the structure of the state agency or unit of local government;
(4) A recitation of any prior board action applicable;
(5) A designation, by title and description, of each record for which destruction authority is requested;
(6) The purpose for which each record was kept and a sample of the type of information contained in each record;
(7) Certification that no statutory minimum retention schedules are applicable;
(8) Certification that no state or federal audit requirements will be violated and that the authority requested to destroy state contracts and surety bonds will allow all applicable statutes of limitation for bringing actions on them to pass;
(9) The signature of the department head, the chief executive of an agency other than a department, or the ranking officer of a unit of local government;
(10) The recommendation of the state records manager; and
(11) The records series numbers of the documents requested to be destroyed.
Source: 8 SDR 120, effective March 21, 1982.
10:03:02:02. Petitions to be filed with state records manager. All petitions for destruction shall be initially filed with the state records manager. The state records manager shall approve or disapprove requested destruction and shall submit approved petitions to the executive secretary of the board.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
10:03:02:03. Executive secretary to furnish copies of petitions to board members. The executive secretary shall furnish copies of the petitions filed with him to each member of the board at least five days before the meeting at which the board will act on the petitions.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-Reference: Meetings, § 10:03:01:06.
10:03:02:04 Sequence of board action. The board shall take, but not be limited to, the following actions:
(1) Provide opportunity for discussion of each petition;
(2) Vote for or against granting the petition;
(3) Transmit a certified copy of the board's action through the state records manager to the petitioning agency or unit of local government.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-References: Acquisition of records submitted to records destruction board, SDCL 1-18C-7; Archivist must approve destruction of state records, § 24:51:01:01.
10:03:02:05. Authorized action by the board. The board may take the following actions:
(1) Authorize immediate destruction of records which have no further administrative, legal, fiscal, research, or historical value or which have insufficient administrative, legal, or fiscal value to warrant further keeping;
(2) Conduct a contested case hearing as provided by SDCL 1-26;
(3) Revoke any previous authorization granted by the board according to a retention and destruction schedule or otherwise provided the agency head or public officer having custody is given 15 days' advance notice and opportunity to protest through the contested case procedure in SDCL 1-26;
(4) Require further supporting evidence to a petition prior to taking board action;
(5) Authorize continuing current destruction of transitory use materials which include acquired copyrighted books, pamphlets, booklets, and newsletters; recordings used for routine dictation which is transcribed; rough drafts; and informal notations;
(6) Authorize destruction of records according to a records retention and destruction schedule; and
(7) Authorize destruction of the original of a record if the original has been recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original as authorized by SDCL 19-7-12, provided that any microfilm copy meets the standards set forth in chapter 10:04:02.
Source: 8 SDR 120, effective March 21, 1982; 39 SDR 203, effective June 10, 2013.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11, 1-27-18, 1-27-19.
Cross-Reference: Obsolete records listed by state agencies, SDCL 1-27-14.
