How to File a Public Records Request in New Mexico
New Mexico's Inspection of Public Records Act (IPRA), codified at NMSA 1978, §§ 14-2-1 through 14-2-12, guarantees every person the right to inspect public records of any state or local government body. The law is grounded in the principle that representative government depends on an informed electorate, and it applies to the executive, legislative, and judicial branches, as well as all advisory boards, commissions, agencies, political subdivisions, and institutions of higher education that receive public funding. Under IPRA, a custodian must permit inspection immediately or as soon as practicable, but no later than 15 calendar days after receiving a written request. If inspection is not permitted within three business days, the custodian must provide a written explanation of when records will be available. The burden of justifying any withholding rests on the public body, not the requester.
The Inspection of Public Records Act
- Statutory Citation
- New Mexico Statutes Annotated 1978, Chapter 14, Article 2, Sections 14-2-1 through 14-2-12 (NMSA 1978, §§ 14-2-1 to -12)
- Response Deadline
- 15 calendar days
- Fee Provisions
- Under NMSA 1978, § 14-2-9, custodians may charge a reasonable fee for physical copies of public records — up to $1.00 per copy under the statute, though many agencies charge $0.25 per page. Custodians may also charge actual costs for downloading records to a storage device and for transmitting records by mail, email, or fax. Electronic records provided via email are often provided at no charge. Fees may be required in advance before copies are made. No fee may be charged for merely inspecting records in person.
- Key Exemptions
- IPRA lists specific exemptions in § 14-2-1, including: records related to physical or mental examinations of confined persons; letters of reference for employment, licensing, or permits; matters of opinion in personnel or student files; law enforcement records revealing confidential sources, methods, or uncharged individuals; trade secrets; tactical response plans; and protected personal identifier information. Additional exemptions exist under the Confidential Materials Act (§§ 14-3A-1 to -2) and through other statutes incorporated by IPRA's 'as otherwise provided by law' catchall provision. Where a record contains both exempt and non-exempt information, the custodian must separate and produce the non-exempt portion.
- Appeal Process
- If an IPRA request is denied or deemed denied (no response within 15 calendar days), the requester may file an enforcement action in New Mexico district court under § 14-2-12. No exhaustion of administrative remedies is required before filing. The district attorney or Attorney General may also bring suit. If the requester prevails, the court shall award damages, costs, and reasonable attorneys' fees under § 14-2-12(D). The NM Department of Justice's Open Government Division investigates written complaints and can be reached at (505) 490-4060.
- Ombudsman
- The New Mexico Department of Justice's Open Government Division enforces IPRA and investigates written complaints from citizens about possible violations. They can be reached at (505) 490-4060 or through the Department's NextRequest portal at nmdoj.gov.
City FOIA Guides in New Mexico
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in New Mexico?
If you're dealing with missing records or unresponsive agencies in New Mexico, Project Paper Trail can help you follow the paper trail on development approvals.
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