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Notice of Right to Inspect Public Records

Under the Inspection of Public Records Act, every person has the right to inspect public records of the SRCA with the exception of those records exempt under 14-2-1 NMSA 1978. The Act also makes compliance with requests to inspect public records an integral part of the routine duties of the employees of the SRCA.

PROCEDURES FOR REQUESTING INSPECTION:
All requests to inspect public records are to be submitted to the SRCA designated records custodian:

Melissa T. Salazar, Deputy State Records Administrator
State Commission of Public Records

1205 Camino Carlos Rey Santa Fe, New Mexico 87507
Phone: (505) 476-7926

Fax: (505) 476-7901
E-mail: Melissa.Salazar@state.nm.us

Any person desiring to inspect public records may submit a request to the SRCA designated records custodian orally or in writing. However, nothing in the Inspection of Public Records Act requires the SRCA to create a public record.

A written request must contain the name, address and telephone number of the person making the request. Written requests may be submitted in person or sent via US mail, email or facsimile. The request must describe the records sought in sufficient detail to enable the SRCA records custodian to identify and locate the requested records. A person requesting records is not required to state the reason for inspecting the records.

The SRCA records custodian will permit inspection immediately or as soon as practicable, but no later than 15 calendar days after receiving the inspection request. If inspection is not permitted within three business days, the SRCA records custodian will send the person making the request a written response explaining when the records will be available for inspection or when the SRCA records custodian will respond to the request. The three-day period begins when the written request is delivered to the office of the SRCA records custodian.

If the written request is for records not in the custody, possession or responsibility of the SRCA, the SRCA records custodian will promptly forward the request to the appropriate custodian, if know, and notify the requester. The notification will state the reason that the records are not in the SRCA custody, possession or responsibility, the location of the records and, if know, the name and address of the appropriate records custodian.

If any of the records sought are not available for public inspection, the person making the request is entitled to a written response from the SRCA records custodian explaining the reasons inspection has been  denied. The written denial must be delivered or mailed within 15 calendar days after receiving the request for inspection.

PROCEDURES FOR INSPECTION:
Public records containing information that is exempt will be separated by the SRCA records custodian prior to inspection. If necessary to preserve the integrity of computer data or the confidentiality of exempt information contained in a database, a partial printout of data containing public records or information may be furnished in lieu of an entire database.

PROCEDURES FOR REQUESTING COPIES AND FEES:
If a person requesting inspection would like a copy of a public record, pursuant to 14-2-9 NMSA 1978, a reasonable fee may be charged. The reasonable fees charged by the SRCA for copies of public records are as follows:

  • 8 ½ inches by 11 inches or smaller is $.25 per page;
  • 8 ½ inches by 14 inches is $.30; and
  • 8 ½ inches by 17 inches is $.35.

The SRCA records custodian may request that applicable fees for copying public records be paid in advance, before the copies are made. A receipt indicating that the fees have been paid for making copies of public records will be provided upon request to the person requesting the copies.

HOURS OF INSPECTION:
Inspection of public records is allowed during regular business hours, 8:00 a.m. to 12:00 Noon and 1:00 p.m. to 5:00 p.m., Monday through Friday – except legal holidays and when the SRCA office is closed due to increment weather or other business necessity.

PROCEDURE FOR EXCESSIVELY BURDENSOME OR BROAD REQUESTS:
If the SRCA records custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time is allowed to comply with the request. In this case, the SRCA records custodian will provide written notification to the requester within fifteen (15) days of receipt of the request that additional time will be needed to respond to the written request.

PROCEDURE FOR DENIED REQUESTS:
If a written request has been denied, the SRCA records custodian must provide the requestor with a written explanation of the denial. The written denial must describe the records sought, list the names and titles or positions of each person responsible for the denial and be delivered or mailed to the person requesting the records within fifteen days after the request for inspection was received.