725 KAR 1:020. Recording and reproducing public records

      Section 1. Recording shall be done on paper, microfilm, or in a digital format.

 

      Section 2. If the recording is done on paper, it shall be done on thirty-two (32) weight, 100 percent linen paper or its equivalent in accordance with specifications established by the National Institute of Standards and Technology.

 

      Section 3. If the recording is done on microfilm, microfiche, or some other type of microform, the agency shall follow the standards and procedures in Microfilming and Digital Imaging: A Procedural Guide.

 

      Section 4. If the recording is in a digital format or reformatted to digital image, the agency shall follow the standards in Microfilming and Digital Imaging: A Procedural Guide, Policy Memorandum on the Storage of Public Records as Scanned Images, and Ensuring the Long-term Accessibility and Usability of Records Stored as Digital Images: Guidelines for State and Local Government Officials.

 

      Section 5. (1) A state or local agency shall not destroy any original records after the records are microfilmed, digitized, duplicated, or reformatted without written approval of the State Archivist and Records Administrator as established in 725 KAR 1:030.

      (2) A state or local agency shall follow the retention and disposition schedules established by the State Archives and Records Commission in 725 KAR 1:061.

 

      Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Microfilming and Digital Imaging of Public Records: A Procedural Guide", January 2010;

      (b) "Policy Memorandum on the Storage of Public Records as Scanned Images, PM 2010-01", January 2010; and

      (c) "Ensuring the Long-term Accessibility and Usability of Records Stored as Digital Images: Guidelines for State and Local Government Officials", January 2010.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Public Records Division, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (2 Ky.R. 535; eff. 7-7-1976; 36 Ky.R. 1334; 1955; 2059-M; eff. 4-2-2010.)

Notation

      RELATES TO: KRS 61.870, 141.420(3), 171.450(1)(c), 171.600, 171.670

      STATUTORY AUTHORITY: KRS 171.450(1)(c), 171.660

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450(1)(c) requires the department to establish standards and procedures for recording, managing and preserving public records, and for the reproduction of public records. KRS 171.660 requires that a state and local agencies shall reproduce and preserve public records according to administrative regulations promulgated by the department. KRS 171.420(3) provided that the State Archives and Records Commission shall be the final authority for the disposition of all public records in Kentucky. This administrative regulation establishes the standards to be followed for the recording or reproducing public records.