Retain in office and microfilm. Destroy hard copy documents, except those defined by Archives and Records Commission Rule 60:10-7-2(2) as below standards for microfilm:  (a) upon certification that the microfilm meets all standards established by the Archives and Records Commission, (b)  after storing the master negative in a location separate from all user copies,  (c) after retaining at least one (1) user copy in the agency; and (d) after obtaining approval from the State Records Administrator to destroy the hard copy documents.  Destroy all microfilm copies and all below standards documents retained in accordance with Archives and Records Commission permanent rules and regulations (60:10-7-2(2)), when they become seven (7) years old provided: (a) all audits have been completed and all audit reports have been accepted and resolved by all applicable federal and state agencies; (b) provided no legal actions are pending; and (c) approval to destroy microforms has been received from the State Records Administrator.  If legal action is pending, destroy two (2) years after exhaustion of all legal remedies provided records meet all stipulated requirements, and permission to destroy microfilm has been received from the State Records Administrator.

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%;  (c) after retaining at least one (1) user copy in the agency; and (d) after obtaining approval from the State Records Administrator to destroy the hard copy documents. 

In the case of rewritable disks, delete records when they become seven (7) years old provided: (a) all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies; (b) provided no legal actions are pending; and (c) approval has been received from the State Records Administrator to erase rewritable optical disks. 

In the case of WORM disks, destroy individual disks when they become seven (7) years old provided: (a) all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies; (b) provided no legal actions are pending; and (c) approval has been received from the State Records Administrator to destroy optical disks. 

If legal action is pending, destroy two (2) years after exhaustion of all legal remedies provided records meet all stipulated retention periods and approval to destroy optical disks or to erase rewritable optical disks has been received from the State Records Administrator.
Amended January 15, 1997