NAC239.850. Transfer for archival preservation and public access; maintenance in Nevada; legal custody; return from archival repository.

     1. For the purposes of subsection 2 of NRS 241.035, the minutes of a public body, including agendas, exhibits and other related records, may be transferred for archival preservation and continued public access to:

     (a) For a state agency, the State Archives.

     (b) For the Nevada System of Higher Education and each local governmental entity:

          (1) The Nevada Historical Society;

          (2) The Nevada State Museum Las Vegas;

          (3) An archival program or special collections of the Nevada System of Higher Education; or

          (4) An archival repository that:

               (I) Complies with the requirements set forth in NAC 239.740;

               (II) Has been approved by the governing body that created the minutes or its successor; and

               (III) Is located in this State.

     2. Except for the purposes of display or special exhibits, minutes created in accordance with NRS 241.035 must remain in this State.

     3. An archival repository that accepts minutes from a public body pursuant to subsection 1 receives legal custody of the minutes.

     4. If an archival repository has accepted minutes from a public body pursuant to subsection 1 and finds itself no longer able to retain those minutes, the archival repository shall return the minutes to the public body from which the minutes originated or to the successor of that public body. If the public body or its successor ceases to exist, the records must be transferred to an archival repository pursuant to the provisions of subsection 1.

     5. As used in this section, “archival repository” means a facility, professional staff and written program established to select, preserve and provide access to records containing research or archival value.

     (Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin’r by R090-06, 6-1-2006)