Agencies must apply the approved records disposition schedules to their agency's records
(a) Records described by items marked “disposition not approved” or “withdrawn” may not
be destroyed until a specific disposition has been approved by NARA.
(b) Disposition authorities for items on approved SF 115s that specify an organizational
component of the department or independent agency as the creator or custodian of the
records may be applied to the same records after internal reorganization, but only
if the nature, content, and functional importance of the records remain the same. Authority approved for items described in a functional format may be applied to
any organizational component within the department or independent agency that is responsible
for the relevant function.
(c) Disposition authorities approved for one department or independent agency may not
be applied to records of another department or agency. Departments or agencies that acquire records from another department or agency,
and/or continue creating the same series of records previously created by another
department or agency through interagency reorganization must promptly submit an SF
115 to NARA for disposition authorization. Until the new records schedule is approved, the records are unscheduled. See § 1225.22 of this subchapter.
(d) Unless otherwise specified, newly approved disposition authorities apply retroactively
to all existing records as described in the schedule.
(e) When required by court order (i.e., order for expungement or destruction), an agency
may destroy temporary records before their NARA–authorized disposition date. In accordance with § 1230.14 of this subchapter, an agency must notify NARA, by mail at National Archives and
Records Administration; Office of the Chief Records Officer (AC); 8601 Adelphi Road;
College Park, MD 20740–6001, or by email at RM.Communications@nara.gov., when permanent
or unscheduled records are to be destroyed in response to a court order. If the records have significant historical value, NARA will promptly advise the
agency of any concerns over their destruction.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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