NAC239.699. Protection and preservation of records: General requirements; training for employees; electronic records.

     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, alteration, destruction or loss. The state agency shall notify the appropriate prosecuting attorney or law enforcement agency of any actual, impending or threatened unlawful acts toward the records in the custody of the agency.

     2. A state agency shall provide for ongoing training for its employees on the measures which the agency has taken pursuant to subsection 1. The training must include:

     (a) Instruction in procedures which ensure that the records in the legal custody of the agency will not be destroyed or otherwise disposed of except in accordance with the provisions of NRS 239.080; and

     (b) A review of the penalties for the unlawful removal, misuse, damage, alteration, destruction or loss of records, as set forth in chapter 205 of NRS and NRS 239.300 to 239.330, inclusive, 281.180, 281.190, 603.080 and 603.090.

     3. The head of the state agency is responsible for taking such measures as are possible to protect the records in the legal custody of the agency from any natural or other disaster. The head of the state agency shall notify the State Library and Archives Administrator of any damage to a record in the legal custody of the state agency as a result of a natural or other disaster.

     4. A state agency shall protect and preserve an electronic record in its legal custody by:

     (a) Ensuring that an official record in electronic format remains accessible and unalterable during the period required for retention of the record; and

     (b) Making provisions for an electronic record with research or archival value to be reproduced pursuant to NRS 239.051 or placed on alkaline reserve paper.

     (Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin’r by R090-06, 6-1-2006)