§ 44:422 — Safeguards against the removal, unlawful destruction, or loss of records

Louisiana § 44:422

• Jurisdiction: Louisiana
• Title 44: Public Records and Recorders

Text

§422. Safeguards against the removal, unlawful destruction, or loss of records
A. The head of each agency shall establish such safeguards against removal or loss
of records as the agency head shall consider necessary and as may be required by rules and
regulations issued under authority of this Chapter. Such safeguards shall include making it
known to all officials and employees of the agency that no records are to be alienated or
destroyed except in accordance with law and the policies, rules, and regulations developed
therefrom by the state archivist and the division and calling their attention to the penalties
provided by law for the unlawful removal or destruction of records.
B. The head of each agency shall notify the secretary through the state archivist of any
actual, impending, or threatened unlawful removal, damage, falsification, defacement,
alteration, or destruction of records in the custody of the agency that come to his attention
and shall assist the secretary in initiating legal action through the attorney general for their
recovery.
C. The secretary shall notify the head of any agency of any actual, impending, or
threatened unlawful removal, damage, falsification, defacement, alteration, or destruction of
records in the custody of the agency that come to his attention.
D. The secretary may refer any matter to the legislative auditor, inspector general, or
attorney general as necessary for investigation relating to any instance of actual, impending,
or threatened unlawful removal, damage, falsification, defacement, alteration, or destruction
of records, including but not limited to fraudulent creation, distribution, or filing of records.
E. In any case in which records or other materials of actual or potential archival
significance are determined by the state archivist to be in jeopardy of destruction or
deterioration, the secretary shall have the authority to require and schedule transfer of the
records to the physical and legal custody of the division and the state archivist.

Legislative History

Acts 1956, No. 337, §22; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 213, §1, eff. June 11, 2021; Acts 2024, No. 508, §1.