8 CRR-NY 185.7NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER II. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER N. PUBLIC RECORDS AND DEPARTMENT PUBLICATIONS
PART 185. RECORDS OF PUBLIC CORPORATIONS
8 CRR-NY 185.7
8 CRR-NY 185.7
185.7 Replacing original records with microforms or electronic images.
(a) Negative microphotographic film.
When a microform will replace an original record having a legal minimum retention period of 10 years or longer and when the local government still must maintain it for at least 10 years to meet this requirement, or when the records being microphotographed are identified on a records retention and disposition schedule as having a permanent retention period, only a polyester-based black and white silver gelatin microform shall be used as the original camera negative film.
(b) Preservation of the camera negative.
When a microform will replace an original record, the camera negative shall be used only to produce duplicate copies of the film. Once the duplicates have been made, the camera negative film must be placed in an offsite storage facility that meets standards established by the Commissioner of Education for security, fire protection and environmental control to ensure the preservation of the information on the microform.
(c) Microforms to meet quality standards.
When a microform will replace an original record, the microform shall meet quality standards established by the commissioner for resolution and density to ensure that the film and copies made from it will be clear and legible and to ensure the long-term viability of the film.
(d) Targeting and certification of microforms.
When a microform will replace an original record, the following measures must be taken to ensure access to the information contained on the microform, and the quality and legal admissibility of the microform itself:
(1) The records to be filmed shall be arranged and identified to ensure reasonable access to individual documents.
(2) Each discrete roll of original negative film and each discrete original negative fiche shall begin with a target identifying the records being filmed and certifying that the records are being filmed in the normal course of business. Each shall end with a signed declaration by the camera operator identifying the date of filming and the office for whom the film is being produced.
(3) In addition, each roll of film must have the following targets at the beginning of the roll: density target, resolution target and start target.
(4) In addition, each roll of film shall have an end target at the end of each roll.
(5) Where needed, roll film shall contain retake and correction targets.
(e) Inspection of microforms.
A representative sample of all microforms shall be quality inspected to ensure that the film images meet quality standards set by the commissioner. Each batch of processed film shall be tested to ensure that processing chemicals which could cause image deterioration are washed from the film. Film and film images that do not meet standards must be reshot before the original document may be destroyed.
(f) Digital images of public records.
Digital images of public records may be stored on electronic media, and such electronic records may replace paper originals or micrographic copies of these records. In order to ensure accessibility and intelligibility for the life of these records, local governments must follow the procedures described in section 185.8 of this Part.
8 CRR-NY 185.7
Current through July 15, 2021
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