What is the retention period for agency examinations under litigation?

The retention period for agency examinations under litigation is indefinite. This is because, in the context of legal proceedings, any documentation or evidence related to the examination must be preserved until the legal matters are fully resolved. An indefinite retention period ensures that agencies can comply with legal requirements and provide necessary documentation in case of ongoing or future litigation. This approach safeguards against potential legal complications that may arise if relevant data is lost or destroyed prior to the conclusion of a case.

Having a defined limited retention period, like one year or three years, would not adequately address the needs of an ongoing litigation process, as such matters can extend for much longer periods. Options that suggest retention based on the discretion of legal counsel could create inconsistencies in policy implementation and could risk losing critical data if not managed appropriately. Therefore, ensuring an indefinite retention for agency examinations under litigation creates a standard that upholds the legal obligations of the agency.