Oklahoma Administrative Code Title 60 - Archives and Records Commission
📘 Key Provisions of Title 60
Chapter 1 – Administrative Operations
Section 60:1-1-2 – Archives and Records Commission: This section outlines the composition and authority of the Commission. It consists of a five-member board, including the Governor (Chairman), the State Librarian and State Archivist (Vice-Chairman and Secretary), the Lieutenant Governor, the State Auditor and Inspector, and the State Treasurer. Any member may appoint a proxy to carry out the duties of the Commission.
Section 60:1-1-6 – Organization, Public Information, Submissions or Requests: This section details the administration of the State Archives and Records Management programs, which are managed by divisions within the Oklahoma Department of Libraries. It specifies the locations of the State Archives and State Records Center and outlines procedures for public access to records, including compliance with the Oklahoma Open Records Act.
Chapter 10 – Archives and Records
Subchapter 3 – Records
Section 60:10-3-2 – Records Scheduling: This section grants the Commission final authority in approving or disapproving records disposition schedules submitted by state entities. It mandates that agencies notify the State Records Administrator 30 days in advance before destroying records in accordance with approved schedules.
Section 60:10-3-6 – Access to Records Transferred to the State Archives: This provision allows the Commission to restrict access to records transferred to the State Archives for a specified period to encourage the deposit of valuable records. The State Archivist and State Records Administrator are responsible for securing the transfer of such records.
Subchapter 8 – Optical Imaging
Section 60:10-8-1 – Purpose: This section establishes rules for maintaining state government records on optical imaging systems, specifically for records with an approved retention period of ten years or longer
Subchapter 10 – Video Tapes and Audio Recordings
Section 60:10-10-2 – Scope: This subchapter sets rules for the maintenance, use, retention, and disposition of state government records maintained on video and audio tapes, subjecting them to the Commission's disposition authority.
⚖️ Case Law and Legal Precedents
While specific case law directly addressing Title 60 is limited, the principles established within the Code have been referenced in various legal contexts. For instance, Section 60:10-3-9 pertains to records retention and preservation, emphasizing the importance of adhering to established guidelines for maintaining public records.
Additionally, the Oklahoma Open Records Act (51 O.S., Section 24A.1 et seq.) intersects with Title 60 by governing public access to records, including those under the purview of the Archives and Records Commission. Disputes regarding access to records, such as redactions or denials, often involve interpretations of both Title 60 and the Open Records Act. For example, requests for unredacted police reports may be subject to legal review to determine compliance with these statutes.
🏛️ Enforcement and Compliance
The Archives and Records Commission enforces compliance through its authority to approve records disposition schedules and oversee the retention and destruction of public records. Agencies must adhere to these schedules and notify the State Records Administrator before destroying records. Failure to comply can result in legal challenges or administrative actions. For example, disputes over the destruction of records without proper authorization have been addressed through legal avenues, emphasizing the importance of adhering to established procedures.
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