Retain in office and microfilm. Destroy hard copy documents:  (1) upon certification that the microfilm meets all standards established by the Archives and Records Commission, (2) after storing the master negative in a location separate from all user copies, and (3) after retaining at least one (1) user copy in the agency. Destroy all microfilm copies and all below standard documents retained in accordance with Archives and Records Commission Rule and Regulation 60:10-7-2(2) when they become five (5) years old provided all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies and provided no legal actions are pending.  If legal action is pending destroy two (2) years after exhaustion of all legal remedies provided records meet all stipulated retention requirements.

OR

Retain in office, then transfer data to optical disks. Destroy hard copy documents (a) upon certification that all records have been successfully entered on disk; (b) after storing a back up copy of the disk in an off site storage area that meets the manufacturer's recommendations for temperature and humidity controls; or if no recommendations are provided by the manufacturer, after storing the back up disk in an off site storage area whose temperature is between 65º and 75º Fahrenheit and whose relative humidity is between 30% and 50%; and (c) after retaining at least one (1) user copy in the agency. 

In the case of rewritable disks, delete records when they become five (5) years old provided all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies and provided no legal actions are pending.  If legal action is pending, destroy two (2) years after exhaustion of all legal remedies provided records meet all stipulated retention requirements. 

In the case of WORM disks, destroy individual disks when they become five (5) years old provided all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies and provided no legal actions are pending. If legal action is pending, destroy two (2) years after exhaustion of all legal remedies provided records meet all stipulated retention periods.
Amended October 16, 1996