07 NCAC 04M .0502         LEGAL CUSTODY OF RECORDS

(a)  Public records sent to the State Records Center in accordance with the provisions of an approved records retention and disposition schedule, or in accordance with any other agreement between the Department of Cultural Resources and the originating agency or department, are considered to remain in the legal and official custody of the agency that created or received the records and transferred them to the State Records Center.  A request for access to, or inspection of, these records by a person other than an authorized employee of the legal custodian shall not be honored until the appropriate official of the agency having legal custody provides written authority for the request.

(b)  Public records transferred to the Division of Archives and Records for permanent retention may be accessed through the public research facilities of the Division.

History Note:        Authority G.S. 121-4(2); 121-5(d); 132-6(a); 143B-62(2)b;

Eff. February 1, 1985;

Amended Eff. June 1, 2014; June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.