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EPA Records Schedule 508
Status: Final, 10/31/2012
Title: Administrative Law Judge's Case Files
Program: Administrative Law Judge
Applicability: Agency-wide
Function: 317-260 - Mission Program Support
NARA Disposal Authority:
This schedule authorizes the disposition of the record copy in any media (media neutral), excluding any records already in electronic form. Records designated for permanent retention must be transferred to the National Archives in accordance with NARA standards at the time of transfer.
- N1-412-07-68/1
Description:
Includes case records relating to formal adjudications before the Administrative Law Judge, under the Administrative Procedure Act. Cases consist of hearings concerning various environmental legislation including the Federal Water Pollution Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, NPDES permits, Civil Penalty cases, and others. Records consist of administrative documents arranging hearings, public notices of hearings, prehearing transcripts, orders, transcripts of hearings, all exhibits entered, and other related records.
Disposition Instructions:
Item a(1): Record copy of routine cases
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Disposable
-
Close inactive records upon completion or termination of case.
-
Destroy 20 years after file closure.
Item a(2)(a): Record copy of landmark cases - Nonelectronic
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Permanent
-
Close inactive records upon completion or termination of case.
-
Transfer to the National Archives 20 years after file closure.
Item a(2)(b): Record copy of landmark cases - Electronic
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Permanent
-
Close inactive records upon completion or termination of case.
-
Transfer to the National Archives 5 years after file closure, with any related documentation and external finding aids, as specified in 36 CFR 1235.44-1235.50 or standards applicable at the time.
Item a(2)(c): Record copy of landmark cases - Electronic copy of records transferred to the National Archives
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Disposable
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Close file upon transfer to the National Archives.
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Delete after electronic record copy is successfully transferred to the National Archives.
Item b(1): (Reserved)
Item b(2): (Reserved)
Guidance:
Landmark cases include cases resulting in a legal precedent which establishes or affirms Agency policy with respect to environmental actions of national importance, such as the banning of a hazardous substance or other actions affecting EPA's relationship with an entire industry or a major pollution source. These cases will usually have been adjudicated by a Federal appellate court.
The Administrative Law Judge's case file index is scheduled as EPA 509. A copy of the index is to be sent to the National Archives along with the landmark cases (item a(2)). The repository file is scheduled as EPA 510. Regional Presiding Officer case files, formerly covered by EPA 231, have been combined with item a(1) and (2) of this schedule.
Reasons for Disposition:
The following change was made in the 10/31/2012 version:
- Deleted items b(1) and b(2).
The following changes were made in the 01/31/2008 version:
- Divided item a into three subitems, a(2)(a)-(c).
- Revised the titles of disposition items a(2)(a)-(c).
- Revised the disposition instruction for item a(2)(c).
Item c for electronic copies created with word processing and electronic mail applications deleted 08/22/2006 pursuant to NARA Bulletin 2006-04.
The disposition instructions have been rewritten as media neutral to allow for maintaining the record copy in EPA's electronic recordkeeping system. The retention has not changed.
Custodians:
Office of the Administrator, Administrative Law Judges
- Contact:
- Telephone:
Related Schedules:
EPA 509, EPA 510
Previous NARA Disposal Authority:
NC1-412-76-1/IV/6 (TN28/D4/6), NC1-412-77-2/1, NC1-412-85-20/8, NC1-412-85-2/5
Entry: 06/16/1993
EPA Approval: 07/26/2007
NARA Approval: 01/13/2009