Retain in office seven (7) years then destroy 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) no legal actions are pending; and (c) approval to destroy documents 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 retention requirements, and approval to destroy records has been received from the State Records Administrator.

OR

Retain in office two (2) years, and 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 65° and 75° 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 to destroy the hard copy documents from the State Records Administrator or his/her designee. 

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) no legal actions are pending, and (c) approval to erase rewritable optical disks has been received from the State Records Administrator or his/her designee.  

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) no legal actions are pending, and (c) approval to destroy optical disks has been received from the State Records Administrator. 

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