New Mexico FOIA procedures
| New Mexico FOIA procedures |
|---|
|
| FOIA laws in New Mexico |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in New Mexico as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
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. According to Section 14-2-8 of New Mexico statutes:[1]
| “ |
|
” |
Purpose and use
No statement of purpose is required by New Mexico statute. The law does place a restriction on the use of police reports, in that they cannot be used to solicit victims for services. According to the Open Government Guide to New Mexico:[3]
| “ |
|
” |
Who may request public records?
Anyone may request public documents in New Mexico. Section 14-2-1 states that "Every person has a right to inspect public records of this state."[4]
New Mexico is among 42 states that do not require individuals requesting public records to be state residents.
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. According to the Open Government Guide to New Mexico:[3]
| “ |
Public bodies may not charge for providing records for inspection but may charge a "reasonable fee for copying public records," not to exceed $1 per page for documents 11" x 17" or smaller. NMSA 1978 § 14-2-9(C)(1)-(2) (2013). The Attorney General has confirmed that the fee is limited to the actual cost of copying. Public bodies may charge actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the storage device. NMSA 1978 § 14-2-9(C)(3) (2013).[2] |
” |
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. According to Section 14-2-8:[1]
| “ |
A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request. If the inspection is not permitted within three business days, the custodian shall explain in writing when the records will be available for inspection or when the public body will respond to the request. The three-day period shall not begin until the written request is delivered to the office of the custodian.[2] |
” |
Exemption
New Mexico state law provides exemptions for certain types of records. According to Section 14-2-1:[4]
| “ |
A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution; B. letters of reference concerning employment, licensing or permits; C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files; D. portions of law enforcement records as provided in Section 14-2-1.2 NMSA 1978; E. as provided by the Confidential Materials Act [14-3A-1, 14-3A-2 NMSA 1978]; F. trade secrets; G. attorney-client privileged information; H. long-range or strategic business plans of public hospitals discussed in a properly closed meeting; I. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; J. information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems; provided that this subsection shall not be used to restrict requests for: (1) records stored or transmitted using information technology systems; (2) internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or (3) information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act; K. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced; and L. as otherwise provided by law. [2] |
” |
See also
External links
Footnotes
- ↑ 1.0 1.1 New Mexico Compilation Commission, "Current New Mexico Annotated Statutes 1978," accessed May 13, 2025 (Sec. 14-2-8)
- ↑ 2.0 2.1 2.2 2.3 2.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 Reporters Committee on Freedom of the Press, "Open Government Guide to New Mexico," accessed May 13, 2025
- ↑ 4.0 4.1 New Mexico Compilation Commission, "Current New Mexico Statutes Annotated 1978," accessed May 13, 2025 (Sec. 14-2-1)
| ||||||||
