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New Mexico FOIA procedures

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Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in New Mexico. To read the history and details of New Mexico’s sunshine laws please see New Mexico Inspection of Public Records Act

How to request public records in New Mexico

New Mexico law requires all public agencies to designate at least one records custodian. Records requests should be submitted to the records custodian of the department in possession of the records.

Purpose and use

No statement of purpose is required by New Mexico statute.[1] The law does place a restriction on the use of police reports, in that they canot be used to solicit victims for services. [2]

Who may request public records?

See also: List of who can make public record requests by state

Anyone may request public documents in New Mexico. "Every person has a right to inspect public records of this state". [3]

Fees

See also: How much do public records cost?

The law allows for the charging of a reasonable fee not to exclude $1 a page and which cannot include the cost of assembling the records or determining its exemption status. [4]

Response time

See also: Request response times by state

New Mexico law allows for three business days to respond to records request. However, if the assigned custodian is unable to obtain the records in that time, he or she must notify the person making the request in writing when the records will be available. The records must be made available within 15 days of the receipt of the request. [5] However, the law does leave an outlet for what are deemed "excessively burdensome" requests in that the custodian merely make the materials available in a reasonable amount of time. [6]

See also

External links

References