§ 44:405 — Powers and duties

§405. Powers and duties
A. The secretary shall enforce the provisions of this Chapter and pursuant
thereto may promulgate policies not inconsistent with law and in accordance with the
Administrative Procedure Act establishing:
(1) Procedures for the creation and submission of retention schedules to the
division.
(2) Procedures for the disposal of records, whether in agency custody or in the
possession of the division.
(3) Procedures for the conversion of records by microphotographic or
electronic digitizing processes.
(4) Procedures for the collection of records from agencies that are declared
by the state archivist to have intrinsic, historical, or evidentiary value.
B. The promulgated policies, rules, and regulations shall be binding upon all
agencies. The secretary shall employ personnel, purchase equipment, and provide
facilities as may be required in the execution of the powers and duties imposed upon
the secretary. The secretary shall perform any acts deemed necessary, legal, and
proper to carry out the duties and responsibilities imposed upon him pursuant to the
authority granted in this Section.
C. The secretary is hereby authorized to inspect and survey records, records
management policies, and records disposal practices of any agency and obtain reports
thereon. The secretary shall be given full cooperation of officials and employees of
state agencies in any inspection, survey, or report. The secretary may report to the
legislature and the governor on these activities at his discretion or as called upon by
the governor or legislature.

Legislative History

Acts 1956, No. 337, §5; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2024, No. 508, §1.