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THE RULES OF THE CITY OF NEW YORK
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Title 49: Department of Records and Information Services
Chapter 1: Disposal of Records by City Agencies
§ 1-01 Scope.
These Rules and Regulations shall govern the procedure by which agency records no longer necessary for the conduct of business or for purposes of audit or litigation may be disposed of. No records shall be disposed of unless permission has been obtained from the Department and the corporation counsel in accordance with the provisions of these Rules and Regulations.
§ 1-02 Definitions.
As used in these Rules and Regulations the following terms shall have the following meanings:
   Department. "Department" means the department of records and information services.
   Records. "Records" means any document, book, paper, photograph, sound recording, machine readable material or any other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official city business. Library and museum materials made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference and stocks of publications are not included within the definition of records as used in these Rules and Regulations.
   Records disposal. "Records disposal" means:
      (1)   the removal by a city agency, as provided herein, of records no longer necessary for the conduct of business or for purposes of audit or litigation. Methods of disposal include, but shall not be limited to:
         (i)   the disposal of records by destruction or donation;
         (ii)   the transfer of records to the Department;
         (iii)   the transfer of records to the Department determined to have historical or other sufficient value to warrant continued preservation;
      (2)   the transfer of records from one city agency to another city agency.
   Records disposal schedule. "Records disposal schedule" means any list of records promulgated by the Department for an agency which lists the records maintained by that agency by title and defines the exact length of time for which the records shall be kept.
§ 1-03 Interim Records Disposal Schedules.
Pending the establishment of records disposal schedules pursuant to 49 RCNY § 1-04, all directions for the destruction of records issued by the Board of Estimate in the period of January 1, 1976 through December 31, 1978 which have been filed with the Department shall be deemed to constitute interim records disposal schedules unless the status of the records has changed. Agencies which presently maintain records of a type destroyed pursuant to such directions may request permission to dispose of any such records which have since become eligible for disposal. Eligibility for disposal shall be determined by reference to the schedules used by the Board of Estimate in issuing such directions. Requests to dispose of records pursuant to an interim disposal schedule will be made pursuant to 49 RCNY § 1-05.
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