Section 21May 21, 2007, Sec./Art. 21

Deferred Transfers of Public Records. - (a) The requirement to transfer public records under Section 20(a) does not apply to the following:

(1) Public records whose disposition are under or part of specific acts, laws or regulations;

(2) If the head of the controlling government office and the executive director have agreed in writing that the transfer of the public records may be deferred for a specified period on any conditions that the head and the executive director consider appropriate; or

(3) Public records that are in electronic form, if the executive director instructs the controlling government office in writing to continue to maintain and control those records after the expiry of the thirty (30) year period.

(b) An agreement entered into under subsection (a) (2) hereof may be renewed for further specified periods by agreement between the administrative head of the controlling public office and the executive director.

(c) An instruction issued under subsection (a) (3) hereof:

(1) Must identify the public records to which the instruction relates;

(2) May contain conditions relating to the preservation and use of the public records concerned; and

(3) May specify a date for the transfer of the records to the control of the executive director.

(d) Every deferred transfer under this section shall be noted in the Registry of Deferred Transfers, in accordance with Section 15(e) .