| (a) If a state agency fails to submit a records retention
schedule to the state records administrator for recertification by
a required deadline or fails to request an extension, the certification
of the currently approved schedule and any approved amendments to
the schedule expires one year from the end of the month in which the
schedule was initially certified or last recertified (or five years
if the state agency is due for quinquennial recertification).
(b) If a state agency refuses to permit the inspection
of a state records series by the state archivist or fails to respond
to questions from the state archivist concerning the content, use,
or other aspects of a state records series in order for the state
archivist to determine if the series contains archival state records
in accordance with Government Code, §441.186, the director and
librarian may order the decertification of its approved records retention
schedule, with decertification effective 30 days from the date of
the order.
(c) If a state agency fails to cooperate fully and
in a timely manner with the commission, the director and librarian,
or any other authorized designee of the director and librarian in
fulfilling their duties in accordance with Government Code §441.183,
the director and librarian may order the decertification of its approved
records retention schedule, with decertification effective 30 days
from the date of the order.
(d) If its records retention schedule is decertified
according to this section, a state agency is no longer authorized
to destroy records based on the schedule and must submit requests
for the destruction of its records in accordance with §6.7 of
this title (relating to Destruction of State Records).
|
| Source Note: The provisions of this §6.6 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 3, 2014, 39 TexReg 6432 |
