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Notice of Right to Inspect Public Records
By law, under the Inspection of Public Records Act, every person has the right to inspect public records. The procedures outlined below are specific to requests pertaining to records in possession of the Governor’s Office. Requests for records specific to state agencies are best directed to the localized custodian at each agency.
Procedures for Requesting Inspection
Requests to inspect public records in possession of the Governor’s Office should be submitted to the office’s records custodian, located at the State Capitol, Suite 400, Santa Fe, N.M., 87501, and can be directed via email to email@example.com.
Any person wishing to inspect public records may submit a request to the records custodian orally or in writing. However, the procedures and penalties prescribed by the Act apply only to written requests. A written request must contain the name, address, email address and telephone number of the person making the request. The request must describe the records sought in sufficient detail to enable the records custodian to identify and locate the requested records.
The records custodian must permit inspection immediately or as soon as practicable, but no later than fifteen (15) calendar days after the records custodian receives the inspection request, unless the custodian determines that the written request is overly burdensome or broad and an additional reasonable period of time is needed to respond. If inspection is not permitted within three (3) business days, the person making the request will receive a written response explaining when the records will be available for inspection or when the public body will respond to the request. 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 records custodian explaining the reasons inspection has been denied. The written denial shall be delivered or mailed within fifteen (15) calendar days after the records custodian received the request for inspection.
Procedure for Requesting Copies and Fees
If a person requesting inspection would like a copy of a public record, a reasonable fee may be charged. The fee for printed documents eleven (11) inches by seventeen (17) inches or smaller is $ .50 per page. A reasonable fee may be charged for downloading copies of public records to a computer disk or storage device, including but not limited to a fee covering the cost of the device. Reasonable fees may be charged for transmitting public records, including transmissions by mail, by e-mail, or by facsimile. The records custodian may request that applicable fees for copying public records be paid in advance, before the copies are made or transmitted. A receipt indicating that the fees have been paid will be provided upon request to the person requesting the copies.
Generally, the Office of the Governor will provide responsive records via email free of charge. Please note that, as of June 21, 2021, due to the amount of staff time involved in compiling and processing large requests, the Office of the Governor will not provide responsive records via email if the request generates more records than can be attached to a single e-mail, generally more than 50 records or 50 MB, or 250 pages of potentially responsive materials. Instead, the requester will be given the option of inspecting and printing the records on-site at $0.50 per page, receiving the records on a CD, or electronically receiving the records via Microsoft OneDrive, a cloud-based file sharing service. If the requester opts to receive the records via CD or Microsoft OneDrive, the requester will be required to pay the actual cost of uploading and transmitting the records. The actual cost associated with uploading and transmitting records via CD or Microsoft OneDrive shall only include the hourly wage of the staff member assigned to upload and transmit the records, pro-rated to the amount of time actually spent on the task. All costs and fees must be paid in advance.
For a copy of the Inspection of Public Records Act Compliance Guide, please visit the New Mexico Attorney General’s website at www.nmag.gov.
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