Nevada Administrative Code

NAC 239.106 “Records management” defined. (NRS 239.125, 378.255) “Records management” means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate disposition…

NAC 239.131 Destruction of nonrecord materials. (NRS 239.125, 378.255) Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by an official or the head of a department without being scheduled for destruction by the State Library, Archives and Publi…

NAC 239.145 Records management program: Documentation and standards required. (NRS 239.125, 378.255) If a local governmental entity establishes a records management program pursuant to NRS 239.125, the program must: 1. Document its organization, functions, policies, decisions, pr…

NAC 239.155 Disposal of record restricted; procedures for proposal and adoption of schedules for retention of records. (NRS 239.125, 378.255) 1. A local governmental entity shall not dispose of any record except in accordance with: (a) A schedule for the retention of the record a…

NAC 239.161 Dissemination of schedules for retention of records; minimum period for retention of original record. (NRS 239.125, 378.255) 1. The State Library, Archives and Public Records Administrator will: (a) Publish the schedules for the retention of records established pursua…

NAC 239.165 Destruction of confidential records. (NRS 239.125, 378.255) To protect the confidentiality of the records of a local governmental entity that are declared by law to be confidential, such records must be destroyed in accordance with the applicable schedule for the rete…

NAC 239.570 Definitions. (NRS 378.255, 378.280) As used in NAC 239.570 to 239.750, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.575 to 239.692, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Librar…

NAC 239.575 “Administrative value” defined. (NRS 378.255, 378.280) “Administrative value” means the usefulness or significance of a record in supporting the management and operations of a state agency. (Added to NAC by St. Librarian, eff. 12-4-91)—(NAC A by Library & Archives Adm…

NAC 239.5755 “Authorized personnel” defined. (NRS 378.255, 378.280) “Authorized personnel” includes, without limitation: 1. The records officer, legal counsel and appointing authority of a state agency; 2. Any person who is designated by the appointing authority of a state agency…

NAC 239.577 “Committee” defined. (NRS 378.255, 378.280) “Committee” has the meaning ascribed to it in NRS 239.005. (Added to NAC by St. Librarian, eff. 3-30-94)

NAC 239.578 “Convenience copy” defined. (NRS 378.255, 378.280) “Convenience copy” means a duplicate record. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.582 “Disposition” defined. (NRS 378.255, 378.280) “Disposition” means the destruction of a record or the transfer of a record to the State Archives for permanent retention. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.585 “Division” defined. (NRS 378.255, 378.280) “Division” means the Division of State Library, Archives and Public Records of the Department of Administration. (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)

NAC 239.597 “Historical value” defined. (NRS 378.255, 378.280) “Historical value” means the long-term research or archival value remaining in a record after the administrative value of the information contained in the record has expired. (Added to NAC by Library & Archives Admin’…

NAC 239.620 “Legal custody” defined. (NRS 378.255, 378.280) “Legal custody” means all rights and responsibilities of access to and maintenance of a record which are vested in a state agency and with the head of the state agency charged with the care, custody and control of that r…

NAC 239.630 “Long-term record” defined. (NRS 378.255, 378.280) “Long-term record” means a record which must be retained for more than 10 years. (Added to NAC by St. Librarian, eff. 1-24-92; A 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)

NAC 239.660 “Received” defined. (NRS 378.255, 378.280) “Received” means the receipt of records by personnel of a state agency, whether in person, by messenger, mail or electronic transmission or by any other method. (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94)—(NAC A …

NAC 239.663 “Record series” defined. (NRS 378.255, 378.280) “Record series” means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity. (Added to NAC by Library & Archives Admin’r by R1…

NAC 239.665 “Records center” defined. (NRS 378.255, 378.280) “Records center” means the center created pursuant to subsection 4 of NRS 378.255 for storing and retrieving records of state agencies. (Added to NAC by St. Librarian, eff. 12-4-91)

NAC 239.668 “Records management” defined. (NRS 378.255, 378.280) “Records management” means the systematic control and management of information throughout the life cycle of the information, including, without limitation, the creation, use, maintenance, retention and ultimate dis…

NAC 239.670 “Records officer” defined. (NRS 378.255, 378.280) “Records officer” means the person designated, pursuant to NAC 239.700, by the head of a state agency. (Added to NAC by St. Librarian, eff. 12-4-91)—(NAC A by Library & Archives Admin’r by R118-12, 10-24-2014)

NAC 239.677 “Retention value” defined. (NRS 378.255, 378.280) “Retention value” means the value of a record to a state agency or the Board of Regents of the University of Nevada as determined by an appraisal of the record by the Division. (Added to NAC by Library & Archives Admin…

NAC 239.680 “Schedule” defined. (NRS 378.255, 378.280) “Schedule” means a schedule for the retention and disposition of official state records developed by a state agency and approved by the Committee pursuant to NRS 239.080. (Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-9…

NAC 239.690 “State agency” defined. (NRS 378.255, 378.280) “State agency” means an office, department, board, commission, committee, agency or any other subdivision of the Executive Branch of the Government of the State of Nevada where records are made, received or kept. (Added t…

NAC 239.692 “State Archives” defined. (NRS 378.255, 378.280) “State Archives” means the program within the Division responsible for the selection, preservation and accessibility of records of historical value. (Added to NAC by Library & Archives Admin’r by R090-06, eff. 6-1-2006;…

NAC 239.696 Records management program: Establishment. (NRS 378.255, 378.280) A state agency shall establish a records management program which documents its organization, functions, policies, decisions, procedures and essential transactions. (Added to NAC by St. Librarian, eff. …

NAC 239.697 Records management program: General requirements. (NRS 378.255, 378.280) The records management program established pursuant to NAC 239.696 must include controls for the creation, maintenance, use, security and distribution of the records of the state agency to ensure…

NAC 239.699 Protection and preservation of records: General requirements; training for employees. (NRS 378.255, 378.280) 1. A state agency shall take such measures as are necessary to ensure that the records in its legal custody are protected from unlawful removal, misuse, damage…

NAC 239.700 Records officer: Designation and replacement; responsibilities; duties of Division. (NRS 378.255, 378.280) 1. Except as otherwise provided in subsection 3, the head of each state agency shall designate a records officer. A person designated pursuant to NRS 239.008 to …

NAC 239.705 “Official state record” and “record” interpreted. (NRS 378.255, 378.280) 1. For the purposes of NRS 239.080 and as used in NAC 239.570 to 239.750, inclusive, “official state record” or “record” means information created or received by a state agency under authority of…

NAC 239.711 Destruction of nonrecord materials. (NRS 378.255, 378.280) Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by a state agency without being scheduled for destruction by the Committee. (Added to NAC by Library & Archives Admin’r by …

NAC 239.722 Disposal of confidential records. (NRS 378.255, 378.280) A record which has been declared confidential pursuant to NRS 239.010 must be disposed of only in accordance with the applicable schedule and: 1. In the manner required by the laws, regulations, established stan…

NAC 239.740 Storage of records: Transfer of records to records center; storage of records not transferred to records center or office space owned by state agency; private facilities. (NRS 378.255, 378.280) 1. A state agency may transfer a record to the records center. 2. Subject …

NAC 239.742 Storage of records in space or facility other than records center or office space owned by state agency. (NRS 378.255, 378.280) 1. Any records stored by a state agency in a space or facility other than the records center or an office space owned by the state agency mu…

NAC 239.745 Records management program of Nevada System of Higher Education. (NRS 378.255, 378.280) 1. The Board of Regents of the University of Nevada shall establish a records management program. The Board of Regents shall provide a facility for the storage of the records on ea…

NAC 239.750 Procedure upon abolishment or disbanding of state agency; procedure upon reorganization or reinstatement of defunct state agency. (NRS 378.255, 378.280) 1. Upon receiving notice that a state agency is being abolished or disbanded, the head of the state agency, whether…

NAC 239.850 Transfer for archival preservation and public access; maintenance in Nevada; legal custody; return from archival repository. (NRS 378.255, 378.280) 1. For the purposes of subsection 2 of NRS 241.035, the minutes of a public body, including agendas, exhibits and other …

NAC 239.860 “Readily available” interpreted. (NRS 239.008, 378.255) For the purposes of NRS 239.0107, as applicable to an agency of the Executive Department, a public record is “readily available” if: 1. The public record is easily retrievable by an officer, employee or agent of …

NAC 239.861 “Readily available medium” interpreted. (NRS 239.008, 378.255) For the purposes of NRS 239.010, as applicable to an agency of the Executive Department, “readily available medium” means any format in which a public record exists with the agency at the time that a perso…

NAC 239.862 Certain information concerning availability of public records to be made available by agency on Internet. (NRS 239.008, 378.255) A records official of each agency of the Executive Department shall ensure that the agency makes available on the website maintained by the…

NAC 239.863 Form to inspect, copy or receive copy of public record. (NRS 239.008, 378.255) 1. The form to request to inspect, copy or receive a copy of a public record of an agency of the Executive Department must include, without limitation: (a) The name, address and telephone n…

NAC 239.864 Fee for providing copy of public record: Estimate of fee; deposit. (NRS 239.008, 378.255) If an agency of the Executive Department charges a fee for providing a copy of a public record: 1. A records official shall provide a person who requests a copy of a public recor…

NAC 239.865 Records official authorized to request additional information or clarification relating to request to inspect, copy or receive public record. (NRS 239.008, 378.255) A records official may request additional information or clarification from a person who has requested …

NAC 239.866 Requirements for inspection of public record. (NRS 239.008, 378.255) 1. A records official of each agency of the Executive Department shall ensure that the agency provides a suitable space for a person to inspect a public record in a manner that does not cause excessi…

NAC 239.867 No requirement to create public record that does not exist. (NRS 239.008, 378.255) If a person requests to inspect, copy or receive a copy of a public record that does not exist, a records official or an agency of the Executive Department is not required to create a p…

NAC 239.868 Agency prohibited from disposing of requested public record; disposal of unclaimed copy of public record. (NRS 239.008, 378.255) 1. Except as otherwise provided in subsection 2, if a person requests to inspect, copy or receive a copy of a public record, the records of…

NAC 239.869 Adoption by reference of Nevada Public Records Act: A Manual for State Agencies. (NRS 239.008, 378.255) The State Library, Archives and Public Records Administrator hereby adopts by reference the Nevada Public Records Act: A Manual for State Agencies, 2014 edition, an…