NRS378.255. Management and retention of records; provision of microfilming and digital imaging services; inspection of confidential or privileged governmental records; recovery of records.

  The State Library and Archives Administrator may:

      1.  Adopt regulations and establish standards, procedures and techniques for the effective management of records.

      2.  Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.

      3.  Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.

      4.  Establish, maintain and operate a center for storing and retrieving records for state agencies pending the acceptance of the records by the Division or the disposition of the records in any other manner prescribed by law.

      5.  Establish a program for providing microfilming and digital imaging services for the records of the Legislative and Judicial Branches of State Government, upon request.

      6.  Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or re-establishment of government in the event of a disaster.

      7.  Provide advice and technical assistance to state agencies, local governmental agencies and, if requested, the Legislative and Judicial Branches of State Government concerning any aspect of managing records.

      8.  Through the Division, inspect the physical nature of, and information contained in, governmental records in the custody of a state or local governmental agency which are not confidential or privileged.

      9.  Through the Division, inspect the physical nature of, and information contained in, confidential or privileged governmental records in the custody of a state or local governmental agency if the inspection is necessary to carry out the provisions of subsection 3, 5, 6 or 7 and if the inspection is not prohibited by any federal law or regulation. Inspections must be logged as required pursuant to NRS 239C.230. The Division shall not disclose any confidential or privileged information in governmental records inspected pursuant to this subsection, and such inspection does not alter, affect, abrogate or waive the confidential or privileged status of the information.

      10.  With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, bring an action to obtain possession of the records of a state or local governmental agency which are:

      (a) Of historical value and are not being properly cared for; or

      (b) Privately held.

Ê In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.

      (Added to NRS by 1983, 1301; A 1997, 3144; 2013, 54)