When an agency is involved in an ongoing audit, litigation, or investigation, it may be necessary to suspend all destruction of records that may be involved in resolving the issue. Upon learning of actual, pending, or possible litigation, audit, or investigation, the records coordinator should work with management and legal counsel to immediately notify all employees to cease destruction of records, including paper, microforms, or electronic information. All records should be retained until such time as management and legal counsel can determine the scope of the action.
Management or legal counsel will review the action and determine which records will be required. Upon completion of the review, approval to continue normal disposal of unneeded records and files, which are not included in the action, should be provided. Records needed in the action must be retained until specific approval for disposal is provided.
Refer to the Risk Management website for more information on the litigation hold process and to obtain a copy of the Destruction Hold Notice (SFN 52376).
The Records Management Program is responsible for the preservation of state records. This includes determining retention periods, selecting the appropriate retention medium, choosing the best retention location, and selecting the best filing system for the records.