Nevada Administrative Code Chapter 239 - Public Records
Nevada Administrative Code (NAC) Chapter 239 – Public Records provides the administrative rules for accessing, managing, and preserving public records in the state of Nevada. It supplements Nevada Revised Statutes (NRS) Chapter 239, which is Nevada’s main "Public Records Act."
📘 Overview of NAC Chapter 239 – Public Records
This chapter outlines procedures and standards primarily for:
Retention and disposal of public records
Access to and reproduction of public records
Electronic records management
Responsibilities of state and local agencies
🔑 Key Provisions of NAC Chapter 239
1. Public Records Retention Schedules
Public entities must follow approved records retention schedules developed with the State Library, Archives and Public Records Division.
These schedules determine how long specific types of records must be kept before they can be destroyed or archived.
2. Destruction of Public Records
Records can only be destroyed with proper authorization from the Division.
A "Request for Disposal of Records" form must be submitted and approved before destruction.
3. Electronic Records
Electronic records must:
Be accessible and readable for the full duration of their retention period.
Be maintained in formats that ensure authenticity and integrity.
Follow standards for security, backup, and migration to new systems as necessary.
4. Records Reproduction
Agencies may charge a reasonable fee for reproducing public records (e.g., per page or digital copy).
The fee must not exceed the actual cost of reproduction unless otherwise set by law.
5. Confidentiality and Exemptions
Certain records are confidential by law and exempt from public access (e.g., medical, personnel, or security-related records).
Agencies must properly redact or withhold exempt portions when fulfilling public records requests.
6. Agency Responsibilities
Agencies must:
Respond to records requests promptly (typically within 5 business days under NRS 239).
Assist the public in locating records.
Maintain an organized records management program.
⚖️ Related Statute:
NRS Chapter 239 – Public Records provides the legal framework and rights of the public to inspect or copy records.
🏢 Oversight Agency:
Nevada State Library, Archives and Public Records (NSLAPR)
Website: https://nsla.nv.gov
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