1. A. Each agency is required to develop and implement an internal process for placing legal holds on records that are involved in state or federal investigations and/or litigation. The policy should address:

   1. 1. the agency's internal disposal approval process;
   2. 2. which employees are notified of a legal hold, when they are told, and how they are told;
   3. 3. who is responsible for contacting possible third party vendors who may house records or data covered under a legal hold;
   4. 4. what steps should be taken by notified employees to safeguard records or data covered under a legal hold;
   5. 5. the agency's legal hold forms (including file level notice sheets) and instructions for any legal hold form/release forms created by the agency to implement the plan;
   6. 6. who within the agency has legal authority to lift the legal hold once the litigation or investigation has concluded.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 44:405.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of State, Office of the Secretary of State, Division of Archives, LR 29:956 (June 2003), amended LR 51:1875 (November 2025).