New Mexico
New Mexico Inspection of Public Records Act
NMSA 1978 § 14-2-1 et seq.
Response Timeline
3 business days for initial response. If the request is 'excessively burdensome or broad,' the custodian may request an extension of up to 15 days from the requester. The custodian must explain the need for additional time.
No residency requirement. Any person may inspect public records.
How to Submit a Request
Accepted Methods
Written requests are recommended but not required. Request should identify the records sought with reasonable particularity. No requirement to state purpose of request.
Required Elements
- Description of records sought
- Contact information for response
Optional Elements
- Preferred format
- Preferred delivery method
Fees
No charge for inspection of records. Maximum $1.00 per page for paper copies up to 11x17 inches. Actual costs for electronic storage media. No fee for the custodian's determination of whether records are disclosable. Fees should not exceed actual costs of reproduction.
Fee Waivers
- In-person inspection is always free
- No fee for determining whether records are subject to disclosure
Inspection and disclosability determinations are free by statute. No explicit fee waiver provisions for copies beyond agency discretion.
Exemptions
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Medical records (§14-2-1(A))
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Letters of reference concerning employment, licensing, or permits (§14-2-1(B))
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Letters or memoranda of opinion in personnel or student files (§14-2-1(C))
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Law enforcement confidential sources and methods (§14-2-1(D))
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Trade secrets and attorney-client privileged communications (§14-2-1(F))
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Personal identifiers such as SSN, date of birth, driver's license numbers (§14-2-1(H))
New Mexico has a relatively limited set of statutory exemptions. The law presumes all records are open. The burden is on the government to justify withholding. Courts apply a balancing test for privacy-related exemptions.
Appeal Process
1
File action in district court to enforce access rights (§14-2-12(A)(2))
2
The Attorney General or District Attorney may also bring enforcement actions on behalf of requesters
No formal administrative appeal. District court is the primary enforcement mechanism. The AG or DA may bring enforcement actions. Mandatory attorney fees for prevailing parties (§14-2-12(D)).
Request Templates
NFOIC New Mexico Sample Request
RCFP Open Government Guide - New Mexico
MuckRock New Mexico Guide
Records Retention
NMSA 1978, §§ 14-3-1 through 14-3-25
Retention and disposition schedules are filed as state rules in the New Mexico Administrative Code (1.21.2 NMAC). The SRCA Commission adopts schedules pursuant to Section 14-3-6, providing authorization for the complete life cycle of agency records.