LTC Records Retention

[kg5ie]

Hope I am not opening up a can of worms here, but I noticed today that the CHL-100 instruction sheet (12/15) says that per 6.87 of the Admin Code we must retain a copy for 3 years. It appears 6.87 no longer exists, but 6.42 now says 6 years. I looked through my notes from my Instructor class in Georgetown and, at that time, we were definitely told 3. I have the paper and my notes.

Guess it changed????

Did you all know that?

___________________________________________________________________________________

https://www.dps.texas.gov/RSD/CHL/Licen ... ctions.pdf


"Texas Administrative Code §6.87 requires instructors to make this record, as well as other documents, available for inspection by the Department and requires the records to be maintained for three (3) years after course completion."


6.87 no longer exists and Records Retention is now 6.42 and says that we must retain our records for 6 years.


http://texreg.sos.state.tx.us/public/re ... ch=6&rl=42


"RULE §6.42 Record Retention
(a) A qualified handgun instructor shall make available for inspection to the department any and all records maintained by the instructor under the Act. A qualified handgun instructor shall retain:

(1) the instructor's certificate of training;

(2) course materials including curriculum, lesson plans, presentations, and any other documents used during the course; and

(3) copies of reports submitted to the department.

(b) Records must be retained for a period of six years after completion. Records must be stored in a safe and secure place and must be available for inspection by the department. "

[RossA]

So if I just threw away records from 4-6 years ago, I am now in violation of the law?

[kg5ie]

So if I just threw away records from 4-6 years ago, I am now in violation of the law?

I wouldn't say you are in violation of a law, but yes on the admin code. It would be up to the LTC program administration to decide how to react, not the courts.

IANAL

[txtaxman]

Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER C QUALIFIED HANDGUN INSTRUCTOR LICENSE
RULE §6.42 Record Retention
(a) A qualified handgun instructor shall make available for inspection to the department any and all records maintained by the instructor under the Act. A qualified handgun instructor shall retain:
(1) the instructor's certificate of training;
(2) course materials including curriculum, lesson plans, presentations, and any other documents used during the course; and
(3) copies of reports submitted to the department.
(b) Records must be retained for a period of six years after completion. Records must be stored in a safe and secure place and must be available for inspection by the department.
Source Note: The provisions of this §6.42 adopted to be effective March 15, 2017, 42 TexReg 1137

The previous guidance was to retain certain listed items 3 years, and the Audit a few years ago checked to see that we had records on file for 3 years. Since then, I have shredded documents every couple of months.

The way I read this is that §6.42 went into effect March 15, 2017, therefore as of that date I will begin retaining the required items 6 years.

[Charles L. Cotton]

I am checking with DPS to get a definitive answer.

Chas.

[Charles L. Cotton]

Here's an update on the document retention requirement. The new retention period is six years and DPS is going to apply this regulation to classes on and after April 1, 2017. That shouldn't be a problem for any of us, unless an instructor purges their files every month by shredding the records for the 37th month back. Since there are over 3,000 instructors, I guess that's possible, but mere mortals don't really have or keep up with a document-destruction policy on a monthly basis.

Chas.

[sjfcontrol]

As I understand it then, any classes given thru march of this year will be subject to 3 year retention?

[Charles L. Cotton]

As I understand it then, any classes given thru march of this year will be subject to 3 year retention?

Not exactly. The 6 year retention requirement is being enforced as of April 1, 2017. If you still have records going back to April 1, 2011, then you cannot destroy any of them without violating the retention requirement. However, if, on April 1, 2017, you had destroyed records prior to April 1, 2014, then you would not be in violation of the new 6 year retention policy.

Chas.

[o b juan]

The question is when were we notified of this? by email or snail mail, we are just now hearing about it in June and it goes back to April.

[Scott B.]

The question is when were we notified of this? by email or snail mail, we are just now hearing about it in June and it goes back to April.

You're not supposed to ask that question. We're just supposed to learn these things by osmosis. I'm guessing we might find out up at Florence, but for something that went into effect six months earlier? Who really knows.