reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-7.2 - New Mexico Administrative Code.

A. The state records administrator shall create and have published a New Mexico Administrative Code, which shall contain all adopted rules. The administrator shall adopt regulations setting forth procedures for the compilation of the code and prescribing the format and structure of the code, including provisions for at least annual supplementation or revision.
B. All rulemaking agencies shall revise, restate and repromulgate their existing rules as needed to expedite publication of the New Mexico Administrative Code.
History:
1978 Comp., § 14-4-7.2, enacted by Laws 1995, ch. 110, § 6.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 110, § 12 made the act effective January 1, 1995.
8.302.1.15 NMAC recognizes alternative sources of payment,
but intends for Medicaid to be the final payer for services and where the plaintiff sought and received payment from Medicaid, the plaintiff was precluded from seeking payment from defendant insurers.
Alliance Health of Santa Teresa, Inc. v. Natl. Presto Industries, Inc.
, 2007-NMCA-157, 143 N.M. 133, 173 P.3d 55.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-8 - Documents not required to be filed with state library.

The state librarian may by appropriate written instructions advise the records center that he no longer desires a particular class of instrument to be filed with the state library and thereafter such records center shall no longer file such class of documents with the state library unless such rejection is rescinded in writing and sent to such agency or agencies.
History:
1953 Comp., § 71-7-9, enacted by Laws 1967, ch. 275, § 11; 1977, ch. 246, § 47.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-9 - [Law governing filing of agency rules, documents and publications.]

Wherever any law requires an agency to file a rule, pamphlet, document or publication with the librarian of the supreme court law library such shall be accomplished by the delivery and filing as provided in the State Rules Act.
History:
1953 Comp., § 71-7-10, enacted by Laws 1967, ch. 275, § 12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-10 - State publications for sale or issue by state agencies; listing by state records administrator.

The state records administrator shall maintain a file of all state publications which are for sale or issue by agencies of the state. He shall prepare and publish a list of all such publications which are current and effective. The list shall include such documents as books, manuals, pamphlets, bulletins, monographs and periodicals designed to instruct, inform or direct either the general public or public officers and employees. Correspondence and those documents developed by agencies for their own internal administration are excluded.
History:
1953 Comp., § 71-6-23, enacted by Laws 1967, ch. 275, § 8; 1977, ch. 301, § 3; 1978 Comp., § 14-3-24, recompiled as 1978 Comp., § 14-4-10 by Laws 1995, ch. 110, § 9.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-11 - [Personal files, records and documents of elected state officials; placing in state archives by the state records administrator.]

The state records administrator may accept and place in the state archives the personal files, records and documents of elected state officials or of former elected state officials, subject to any reasonable restrictions, moratoriums and requirements concerning their use by other persons. Such restrictions, moratoriums and requirements made by the donor, however, shall not prevent the archivist of the state records center from having access to the files, records and documents for indexing and cataloguing purposes.
History:
1953 Comp., § 71-6-24, enacted by Laws 1967, ch. 275, § 9; 1978 Comp., § 14-3-25, recompiled as 1978 Comp., § 14-4-11 by Laws 1995, ch. 110, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-1 - Short title.

This act [14-4A-1 to 14-4A-6 NMSA 1978] may be cited as the "Small Business Regulatory Relief Act".
History:
Laws 2005, ch. 244, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 1 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-2 - Legislative findings.

The legislature finds that:
A. a vibrant and growing small business sector is critical to creating jobs in a dynamic economy;
B. small businesses bear a disproportionate share of regulatory costs and burdens;
C. fundamental changes that are needed in the regulatory culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;
D. when adopting rules to protect the health, safety and economic welfare of the state, agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small businesses;
E. uniform regulatory reporting requirements can impose unnecessary and disproportionately burdensome demands, including legal, accounting and consulting costs, upon small businesses with limited resources;
F. the failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation and restrict improvements in productivity;
G. unnecessary rules create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;
H. the practice of treating all regulated businesses as equivalent may lead to inefficient use of agency resources, enforcement problems and, in some cases, to actions inconsistent with stated legislative intent of health, safety, environmental, economic welfare and other legislation;
I. alternative regulatory approaches that do not conflict with applicable statutes may be available to minimize the significant economic impact of rules on small businesses; and
J. the process by which state rules are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the effect of proposed and existing rules on such businesses and to review the continued need for existing rules.
History:
Laws 2005, ch. 244, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 2 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-3 - Definitions.

As used in the Small Business Regulatory Relief Act:
A. "agency" means every department, agency, board, commission, committee or institution of the executive branch of state government;
B. "commission" means the small business regulatory advisory commission;
C. "proposed rule" means a proposal by an agency for a new rule or for a change in, addition to or repeal of an existing rule;
D. "rule" means any rule, regulation, order, standard or statement of policy, including amendments to or repeals of any of those, issued or promulgated by an agency and purporting to affect one or more agencies besides the agency issuing the rule or to affect persons not members or employees of the issuing agency. An order or decision or other document issued or promulgated in connection with the disposition of any case or agency decision upon a particular matter as applied to a specific set of facts shall not be deemed a rule nor shall it constitute specific adoption of a rule by the agency. "Rule" does not include rules relating to the management, confinement, discipline or release of inmates of any penal or charitable institution, the New Mexico boys' school, the girls' welfare home or a public hospital; or rules made relating to the management of any particular educational institution, whether elementary or otherwise; or rules made relating to admissions, discipline, supervision, expulsion or graduation of students from an educational institution; and
E. "small business" means a business entity, including its affiliates, that is independently owned and operated and employs fifty or fewer full-time employees.
History:
Laws 2005, ch. 244, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 3 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-4 - Rules affecting small business.

A. Prior to the adoption of a proposed rule that may have an adverse effect on small business, an agency shall provide a copy of the proposed rule to the commission at the same time as persons who have requested advance notice of rulemaking.
B. Prior to the adoption of a proposed rule that the agency deems to have an adverse effect on small business, the agency shall consider regulatory methods that accomplish the objectives of the applicable law while minimizing the adverse effects on small business.
History:
Laws 2005, ch. 244, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 4 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-5 - Small business regulatory advisory commission created; membership; powers and duties.

A. The "small business regulatory advisory commission" is created. The commission shall consist of nine members who are current or former small business owners, five appointed by the governor and two each appointed by the speaker of the house of representatives and the president pro tempore of the senate. Each member shall be from a different geographic region of the state. Members shall serve two-year terms. A member shall not serve more than three consecutive terms. Members shall name the chairperson of the commission. The commission shall meet at the call of the chairperson. A majority of the members constitutes a quorum for the conduct of business. Members are entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
B. The commission is administratively attached to the economic development department, and staff for the commission shall be provided by the department.
C. The commission may:
(1) provide state agencies with input regarding proposed rules that may adversely affect small business;
(2) consider requests from small business owners to review rules adopted by an agency;
(3) review rules promulgated by an agency to determine whether a rule places an unnecessary burden on small business and make recommendations to the agency to mitigate the adverse effects; and
(4) provide an annual evaluation report to the governor and the legislature, including recommendations and evaluations of agencies regarding regulatory fairness for small businesses.
D. The commission does not have authority to:
(1) interfere with, modify, prevent or delay an agency or administrative enforcement action;
(2) intervene in legal actions; or
(3) subpoena witnesses to testify or to produce documents, but it may request witnesses to voluntarily testify or produce documents.
History:
Laws 2005, ch. 244, § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 5 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4A - Small Business Regulatory Relief Act › Section 14-4A-6 - Periodic review of rules.

A. By July 1, 2010, each agency shall have reviewed all of its rules that existed on the effective date of the Small Business Regulatory Relief Act to determine whether the rules should be continued without change or should be amended or repealed to minimize the economic impact of the rules on small businesses, subject to compliance with the stated objectives of the laws pursuant to which the rules were adopted.
B. Rules adopted and promulgated after the effective date of the Small Business Regulatory Relief Act shall be reviewed every five years to ensure that they continue to minimize economic impacts on small businesses while implementing the state objectives of the laws pursuant to which the rules were adopted.
C. In reviewing its rules to minimize economic impacts on small businesses, an agency shall consider the following factors:
(1) continued need for the rule;
(2) the nature of complaints or comments received from the public concerning the rule;
(3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates or conflicts with other federal, state and local government rules; and
(5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions or other factors have changed in the topical area affected by the rule.
History:
Laws 2005, ch. 244, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 244, § 7 made Laws 2005, ch. 244, § 6 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-1 - Short title.

This act [14-5-1 to 14-5-10 NMSA 1978] may be cited as the "Public Records Recovery Act".
History:
1953 Comp., § 71-8-1, enacted by Laws 1973, ch. 270, § 1.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-2 - Definitions.

As used in the Public Records Recovery Act:
A. "public officer" means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state, who is the official custodian of any public record or class of public records; and
B. "public record" means all instruments and documents duly recorded in the records of the county clerk, district court or probate court, which affect interest in real property.
History:
1953 Comp., § 71-8-2, enacted by Laws 1973, ch. 270, § 2.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-3 - Recovery authorized.

Any public officer is authorized to recover public records and to duplicate copies of them in the possession of any private party.
History:
1953 Comp., § 71-8-3, enacted by Laws 1973, ch. 270, § 3.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-4 - Method of recovery.

Upon determining that a particular public record is not in the hands of the official custodian of such record and upon forming a reasonable belief that those records or copies of them are in the possession of a private party or parties, the public officer shall send a postage prepaid, certified letter, return receipt requested, to the party believed to be in possession of the records or copies of them, making demand for the production of the record if he has it and if he does not have it, any copy of the record. The letter shall:
A. name with particularity the record, the original or copy of which is believed to be in the possession of the private party;
B. allege that the public record is not in the hands of the official custodian of the record;
C. state the grounds on which the public officer believes that the private party is in possession of the public record or a copy of it; and
D. demand that within thirty days of the receipt of the letter, the recipient shall appear at a time and place stated in the letter, bringing the named public record or if the demand is for a copy, the copy with him.
History:
1953 Comp., § 71-8-4, enacted by Laws 1973, ch. 270, § 4.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-5 - Return of public record.

If the recipient of the public officer's letter complies with the demand and produces the document or documents, the public officer:
A. shall determine if the document produced is a missing record or a copy of a missing record; and
B. then shall duplicate the document and return the private party's document to him if it is a copy, or if it is the original public record, give the private party a copy and keep the original public record.
History:
1953 Comp., § 71-8-5, enacted by Laws 1973, ch. 270, § 5.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-6 - Refusal to appear and produce document; procedure.

If within thirty days of the receipt of the letter, the recipient fails to appear or fails to produce the requested document or documents without showing cause, the public officer making the demand shall apply to the district court in the judicial district where the documents are allegedly located for an order compelling production of the documents for recovery or copying as provided above.
A. The application shall:
(1) name with particularity the record, the original or copy of which is believed to be in the possession of the third party;
(2) allege that the public record is not in the hands of the official custodian of the record;
(3) state the grounds upon which the public officer believes that the private party is in possession of the public record or copies of it; and
(4) state, by affidavit or otherwise, that due demand as required by the Public Records Recovery Act has been made and that the private party or parties have either failed or refused to produce the document or documents.
B. The application shall be docketed in the district court as a civil proceeding and shall proceed as a civil suit under the rules of civil procedure of the district courts.
History:
1953 Comp., § 71-8-6, enacted by Laws 1973, ch. 270, § 6.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-7 - District court findings and orders.

If the district court finds that the petition of the public officer is true and that the named document or documents are in the possession of the named party or parties, the court shall order that the document or documents be turned over for recovery or duplication as required in Subsection B [D] of Section 4 [14-5-4 NMSA 1978] of the Public Records Recovery Act.
History:
1953 Comp., § 71-8-7, enacted by Laws 1973, ch. 270, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The reference to Subsection B of Section 4 of the Public Records Recovery Act probably should be to Subsection D of that section, 14-5-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-8 - Replacement of recovered document.

Records recovered by any public officer or duplicated by the public officer pursuant to the Public Records Recovery Act shall immediately be returned to the official custodian entitled to possession of the record. Prior to replacing the recovered documents, the public officer shall attach a certificate to each of them in a manner that it cannot be removed without destruction of the document stating the date on which the documents were recovered and the name of the person who had possession of the original or copy, the statement under oath of the person who had possession as to the authenticity of the original or copy, and if possible attesting to the belief of the public officer that the recovered documents are previously missing public records, or true copies of them.
History:
1953 Comp., § 71-8-8, enacted by Laws 1973, ch. 270, § 8.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-9 - Effect of replacement of recovered document.

Nothing in the Public Records Recovery Act shall be construed to enlarge the rights of a person claiming an interest in real property under a document recovered under the terms of that act, or to make any conclusive presumptions as to the authenticity of the recovered documents.
History:
1953 Comp., § 71-8-9, enacted by Laws 1973, ch. 270, § 9.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 5 - Public Records Recovery › Section 14-5-10 - Alternative method.

The remedies provided in this act [14-5-1 to 14-5-10 NMSA 1978] are in addition to and not in lieu of any remedies contained in Section 14-3-16 NMSA 1978 or any other statute relating to the recovery of public records.
History:
1953 Comp., § 71-8-10, enacted by Laws 1973, ch. 270, § 10.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 6 - Health and Hospital Records › Section 14-6-1 - Health information; confidentiality; immunity from liability for furnishing.

A. All health information that relates to and identifies specific individuals as patients is strictly confidential and shall not be a matter of public record or accessible to the public even though the information is in the custody of or contained in the records of a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities.
B. A custodian of information classified as confidential in Subsection A may furnish the information upon request to a governmental agency or its agent, a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such facilities, and the custodian furnishing the information shall not be liable for damages to any person for having furnished the information.
C. Statistical studies and research reports based upon confidential information may be published or furnished to the public, but these studies and reports shall not in any way identify individual patients directly or indirectly nor in any way violate the privileged or confidential nature of the relationship and communications between practitioner and patient.
D. This section does not affect the status of original medical records of individual patients and the rules of confidentiality and accessibility applicable to these records continue in force. This section does not affect the status of vital statistical records of the health and environment department.
History:
1953 Comp., § 12-18-1, enacted by Laws 1971, ch. 137, § 1, and recompiled as 1953 Comp., § 12-25-6, by Laws 1972, ch. 51, § 9; 1977, ch. 253, § 37.
ANNOTATIONS
Compiler's notes.
— Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, referred to in this section, and enacted a new 9-7-4 NMSA 1978, which created the department of health. Laws 1991, ch. 25, § 4 created the department of environment.
Cross references.
— For use of medical records by medical review commission,
see
41-5-15, 41-5-16 NMSA 1978.
Law reviews.
— For article, "Disclosure of Medical Information - Criminal Prosecution of Medicaid Fraud in New Mexico," see 9 N.M. L. Rev. 321 (1979).
For note, "Evidence: Protecting Privileged Information A New Procedure for Resolving Claims of the Physician-Patient Privilege in New Mexico Pina v. Espinoza", see 32 N.M. L. Rev. 453 (2002).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81 Am. Jur. 2d Witnesses §§ 262 et seq., 417, 434.
Physician-patient privilege as extending to patient's medical or hospital records, 10 A.L.R.4th 552.
97 C.J.S. Witnesses §§ 293 to 314.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 6 - Health and Hospital Records › Section 14-6-2 - Hospital records; retention.

A. Unless provided otherwise in this section, a hospital shall retain and preserve all records directly relating to the care and treatment of a patient for a period of ten years following the last discharge of the patient. Retention and preservation of such records in microfilm or other photographically reproduced form shall be deemed compliance with this subsection and such reproduced and retained copies shall be deemed originals for the purposes of the rules of evidence promulgated by the supreme court of New Mexico.
B. Laboratory test records and reports may be destroyed one year after the date of the test recorded or reported therein provided that one copy is placed in the patient's record. If a copy of the laboratory test records and reports is not placed in the patient's record, they may not be destroyed for a period of four years from the date of the test recorded or reported.
C. X-ray films may be destroyed four years after the date of exposure, if there are in the hospital record written findings of a radiologist who has read such x-ray films. At any time after the third year after the date of exposure, and upon proper identification, the patient may recover his own x-ray films as may be retained pursuant to this section. Such written radiological findings shall be retained as provided in Subsection A of this section.
D. At any time after the retention periods specified in Subsections A, B and C of this section, the hospital may, without thereby incurring liability, destroy such records, by burning, shredding or other effective method in keeping with the confidential nature of their contents; provided, however, that destruction of such records must be in the ordinary course of business and no record shall be destroyed on an individual basis.
E. For the purposes of this section, "hospital" means an institution for the reception and care of the ill or infirm which is licensed by the health and social services department [department of health].
History:
1953 Comp., § 12-34-24, enacted by Laws 1977, ch. 371, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1977, ch. 253, § 5, abolished the health and social services department, and Laws 1977, ch. 253, § 4, established the health and environment department under former 9-7-4 NMSA 1978. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978 and enacted a new 9-7-4 NMSA 1978, which created the department of health.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 6 - Health and Hospital Records › Section 14-6-3 - Access to medical records by applicants for disability benefits; violations.

A. Within thirty days of receiving a request from a patient or former patient who is applying for benefits based on social security disability or who is appealing a denial of such benefits or from an authorized representative of such a patient or former patient, a health care provider shall furnish the requestor with a copy of that patient's medical records. A fee as established by the department of health, may be charged by the health care provider to the requestor for the copies or for the service in obtaining the records.
B. A request made pursuant to Subsection A of this section shall include a statement or document from the agency that administers the benefits that confirms the application or appeal.
C. As used in this section:
(1) "health care provider" means a person who is licensed, certified or otherwise authorized by law to provide or render health care in the ordinary course of business or practice of a profession and includes a facility employing, or contracting with, such a person; and
(2) "medical records" means information in a medical or mental health patient file, including drug or alcohol treatment records, medical reports, clinical notes, nurses' notes, history of injury, subjective and objective complaints, test contents and results, interpretations of tests, reports and summaries of interpretations of tests and other reports, diagnoses and prognoses, bills, invoices, referral requests, consultative reports and reports of services requested by the health care provider.
D. Nothing in this section shall be interpreted to grant access for a patient or patient's representative to medical records that are otherwise protected by law.
E. The department of health shall enforce the provisions of this section and may impose a civil penalty in an amount not to exceed one hundred dollars ($100) for a violation of this section. The department may promulgate rules necessary for the implementation and enforcement of the provisions of this section, including a fee schedule by obtaining records as provided in Subsection A of this section for a patient who has a financial ability to pay.
History:
Laws 1999, ch. 206, § 1.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 7 - Financial Institution Records › Section 14-7-1 - Requiring notice of intent to gain access to records of financial institutions.

A. At least seven days prior to a state agency, board or commission requesting or gaining access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other similar financial institution, the agency, board or commission shall notify by certified or registered mail the person, corporation, company or other organization of its intent to gain access or acquire such records.
B. The requirement of notice set forth in Subsection A of this section shall not apply to the audit of, compliance monitoring of or preparation of reports concerning any bank, savings and loan association, small loan company or other similar financial institution by a state agency, when conducted pursuant to the agency's statutory directive.
C. The provisions of Subsection A of this section shall not apply to requests for records made pursuant to an administrative subpoena. In such instances, at least twenty-four hours' notice shall be given to the person, corporation, company or organization.
History:
1953 Comp., § 48-10-13, enacted by Laws 1977, ch. 291, § 1; 2007, ch. 86, § 1.
ANNOTATIONS
The 2007 amendment,
effective November 1, 2007, provided that the notice requirement does not apply to compliance monitoring or preparation of reports concerning financial institutions by a state agency.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure §§ 77 to 79, 82, 83.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 7 - Financial Institution Records › Section 14-7-2 - Requirements of state agencies, boards and commissions prior to access to a financial institution's records.

A. Prior to a state agency, board or commission receiving access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other similar financial institution, the agency, board or commission shall:
(1) allow the institution forty-eight hours to comply with an administrative subpoena;
(2) allow the institution to provide authenticated copies of original records rather than the original copies in response to an administrative subpoena; and
(3) pay the institution the reasonable cost of production of such records including both the cost of materials and wages.
B. The provisions of Subsection A of this section shall not apply to the audit of any bank, savings and loan association, small loan company or other similar financial institution by a state agency when conducted pursuant to the agency's statutory directive.
History:
1953 Comp., § 48-10-14, enacted by Laws 1977, ch. 337, § 1.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-1 - County clerks to be recorders.

The county clerks of the different counties of this state shall be ex officio recorders in their respective counties.
History:
Laws 1855-1856, p. 18, § 1; C.L. 1865, ch. 88, § 1; C.L. 1884, § 429; C.L. 1897, § 776; Code 1915, § 4779; C.S. 1929, § 118-101; 1941 Comp., § 13-101; 1953 Comp., § 71-1-1; 2011, ch. 134, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers substituted "county clerks" for "clerks of the probate courts," apparently to correspond with N.M. Const., art. VI, § 22, providing that the county clerk shall act as probate clerk until otherwise provided by law.
The 2011 amendment,
effective July 1, 2011, made a stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws §§ 81, 83.
76 C.J.S. Records § 9 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-2 - County clerk; duty as recorder.

It is the duty of the county clerk to maintain permanently all documents that by law should be recorded.
History:
Laws 1855-1856, p. 18, § 2; C.L. 1865, ch. 88, § 2; C.L. 1884, § 430; C.L. 1897, § 777; Code 1915, § 4780; C.S. 1929, § 118-102; 1941 Comp., § 13-102; 1953 Comp., § 71-1-2; 2011, ch. 134, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For durability of records,
see
14-8-7, 14-8-8 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required county clerks to maintain permanent records of documents that by law should be recorded.
Applicability to boundary commission orders.
— No specific language in the statutes regarding filing of boundary commission orders concerning annexation (Section 3-7-15(E) or 3-7-16(A) NMSA 1978) brings either statute within the requirement of recordation contained in Section 14-8-2; "filing" — used in the former statutes — and "recording" as those terms as known to the law are not synonymous.
Town of Hurley v. N.M. Mun. Boundary Comm'n
, 1980-NMSC-083, 94 N.M. 606, 614 P.2d 18.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws §§ 84 to 86, 132, 133.
76 C.J.S. Records § 9 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-3 - Recording books.

When used in Chapter 14, Articles 1 through 5 and 8 through 10 NMSA 1978, "book" includes microfilm and digitized documents.
History:
1953 Comp., § 71-1-2.1, enacted by Laws 1963, ch. 52, § 1; 2011, ch. 134, § 6.
ANNOTATIONS
Cross references.
— For microfilming of records,
see
14-1-4 to 14-1-6 NMSA 1978.
For provisions relating to reproduction on film under the Public Records Act,
see
14-3-15 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, included digitized documents in the definition of "book".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-5 - [Mining location notices; recording.]

All recordings of unacknowledged mining location notices and amended or additional notices made pursuant to Sections 69-3-1, 69-3-2, 69-3-12 or 69-3-21 [repealed] NMSA 1978, and the record thereof in the office of the county clerk, are hereby confirmed and made valid, the provisions of Section 14-8-4 NMSA 1978 notwithstanding; provided, however, existing or intervening rights of others are not affected. Hereafter, such notices need not be acknowledged but may be filed, recorded and considered of record if properly signed by the locator.
History:
1953 Comp., § 71-1-3.1, enacted by Laws 1971, ch. 202, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 310, § 7 repealed 69-3-21 NMSA 1978, effective May 20, 1981.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-7 - Standards; durability requirements.

It is the duty of county clerks in this state in recording all instruments of writing that by law they are required to record to do so by a method that ensures permanency and durability. The county clerk of each county in the state shall provide, at the expense of the clerk's respective county, such books or technology as may be necessary and suitable in which to record notices, affidavits and other documents.
History:
Laws 1923, ch. 114, § 1; C.S. 1929, § 118-114; 1941 Comp., § 13-105; 1953 Comp., § 71-1-5; 2011, ch. 134, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For protection of records,
see
14-3-13 NMSA 1978.
For provision that recording books include microfilm,
see
14-8-3 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, required county clerks to use a method of recording that ensures the permanency and durability of recorded instruments.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Photostatic or other method of recording instrument, 57 A.L.R. 159.
Mutilations, alterations, and deletions as affecting admissibility in evidence of public record, 28 A.L.R.2d 1443.
76 C.J.S. Records 9 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-8 - Repealed.

History:
Laws 1923, ch. 114, § 2; C.S. 1929, § 118-115; 1941 Comp., § 13-106; 1953 Comp., § 71-1-6; repealed by Laws 2011, ch. 134, § 24.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 134, § 24 repealed 14-8-8 NMSA 1978, as enacted by Laws 1923, ch. 114, § 2, relating to noncompliance with durability requirements and penalties, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-9 - Security of books of record; delivery to successors.

It is the duty of the county clerks to keep their books of record well secured, and when they leave office as clerks, they shall deliver them complete to their successors, including all necessary keys, combinations and passwords.
History:
Laws 1855-1856, p. 18, § 4; C.L. 1865, ch. 88, § 4; C.L. 1884, § 432; C.L. 1897, § 779; Code 1915, § 4782; C.S. 1929, § 118-104; 1941 Comp., § 13-107; 1953 Comp., § 71-1-7; 2011, ch. 134, § 10.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required county clerks to deliver keys, combinations and passwords to their successors.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-10 - County clerks; failure to perform duties as recorder.

For failure to comply with the responsibilities and duties in Chapter 14, Article 8 NMSA 1978, each county clerk is responsible on the clerk's official bond for damages suffered by the injured party.
History:
Laws 1855-1856, p. 18, § 5; C.L. 1865, ch. 88, § 5; C.L. 1884, § 433; C.L. 1897, § 780; Code 1915, § 4783; C.S. 1929, § 118-105; 1941 Comp., § 13-108; 1953 Comp., § 71-1-8; Laws 1965, ch. 97, § 1; 2011, ch. 134, § 11.
ANNOTATIONS
Cross references.
— For provision requiring fees to be paid in advance of filing or recording,
see
14-8-15 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, eliminated the former list of recording fees.
Fee for certificate and seal controlling.
— This section is controlling and in direct conflict with 14-8-13 NMSA 1978, and the fee which it sets out for each certificate and seal to documents recorded is the proper fee to be charged by county clerks. 1967 Op. Att'y Gen. No. 67-53.
County clerks must charge for certified copies
of public records requested by the American Red Cross. 1943 Op. Att'y Gen. No. 43-4221.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-11 - Repealed.

History:
Laws 1939, ch. 179, § 1; 1941 Comp., § 13-109; 1953 Comp., § 71-1-9; 1978 Comp., § 14-8-11, repealed by Laws 2011, ch. 134, § 24.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 134, § 24 repealed 14-8-11 NMSA 1978, as enacted by Laws 1939, ch. 179, § 1, relating to standard form of instruments, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-12 - Repealed.

History:
Laws 1939, ch. 179, § 2; 1941 Comp., § 13-110; Laws 1941, ch. 22, § 1; 1953 Comp., § 71-1-10; Laws 1953, ch. 51, § 1; 1955, ch. 213, § 1; 1957, ch. 95, § 1; 1959, ch. 253, § 2; 1977, ch. 179, § 5; 1979, ch. 185, § 1; 1980, ch. 48, § 1; 1985, ch. 122, § 1; 1978 Comp., § 14-2-12, repealed by Laws 2008, ch. 66, § 3.
ANNOTATIONS
Repeals.
— Laws 2008, ch. 66, § 3 repealed 14-8-12 NMSA 1978, as enacted by Laws 1939, ch. 179, § 2, relating to recording fees when instrument was not photocopied, effective May 14, 2008. For provisions of former section,
see
the 2007 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-12.1 - Temporary provision; validation.

Any instrument received for recording after June 16, 1977 and before the effective date of this act and which would have been validly filed but for the provisions of Laws 1979, Chapter 185, Section 1, Subsection D or Laws 1977, Chapter 179, Section 5, Subsection D shall be conclusively presumed to have been validly filed on the date received for recording.
History:
Laws 1980, ch. 48, § 2.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of the act" means February 28, 1980, the effective date of Laws 1980, Chapter 48.
Laws 1979, ch. 185, § 1, Subsection D, and Laws 1977, ch. 179, § 5, Subsection D, both referred to in this section, both amended 14-8-12D NMSA 1978, which was deleted by Laws 1985, ch. 122, § 1.
Cross references.
— For effect of filing for record,
see
14-9-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-12.2 - County clerk recording and filing fund; uses.

A. A "county clerk recording and filing fund" is established in each county.
B. Expenditures from the county clerk recording and filing fund shall be determined annually by the county clerk and approved by the board of county commissioners.
C. Expenditures from the county clerk recording and filing fund may be expended only:
(1) to rent, purchase, lease or lease-purchase recording equipment and for supplies, training and maintenance for such equipment;
(2) to rent, purchase, lease or lease-purchase vehicles associated with all regular duties in the county clerk's office and for supplies, training and maintenance for such vehicles, provided that the county clerk shall report annually to the board of county commissioners the usage, mileage and necessity of any vehicle acquired pursuant to this paragraph;
(3) for technical assistance or for training associated with all regular duties of the county clerk's office; or
(4) for staff travel associated with all regular duties of the county clerk's office pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1978 Comp., § 14-8-12.2, enacted by Laws 1985, ch. 122, § 2; 1987, ch. 288, § 1; 1994, ch. 28, § 1; 1995, ch. 26, § 1; 2002, ch. 97, § 1; 2008, ch. 66, § 1; 2011, ch. 134, § 12; 2019, ch. 130, § 2.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, removed an allowed expenditure from the county clerk recording and filing fund; and in Subsection C, deleted Paragraph C(2) and redesignated former Paragraphs C(3) through C(5) as Paragraphs C(2) through C(4), respectively.
The 2011 amendment,
effective July 1, 2011, eliminated the former list of recording fees and authorized payment of staff travel from the county clerk recording and filing fund.
The 2008 amendment,
effective May 14, 2008, in Subsection C, deleted the former limitation on expenditures of the county clerk recording and filing fund and added Subsection E.
The 2002 amendment,
effective May 15, 2002, in the last sentence of Subsection B, raised the maximum equipment recording fee and deleted an exception for class A counties.
The 1995 amendment,
effective June 16, 1995, in the second sentence of Subsection C, inserted "rent" and "lease or lease-purchase" and added the language beginning "and for staff" at the end of the sentence.
The 1994 amendment,
effective May 18, 1994, designated the previously undesignated language as Subsection A, added Subsections B to D and made minor stylistic changes.
The 1987 amendment,
effective June 19, 1987, increased the fees from three dollars and one dollar to five dollars and two dollars respectively, and added "of the same instrument" at the end of the section.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-12.3 - Repealed.

History:
1978 Comp., § 14-8-12.3, enacted by Laws 1985, ch. 122, § 3; 1987, ch. 288, § 2; 2008, ch. 66, § 2; repealed by Laws 2011, ch. 134, § 24.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 134, § 24 repealed 14-8-12.3 NMSA 1978, as enacted by Laws 1985, ch. 122, § 3, relating to recording fees and assignments or releases of interest in property, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-12.4 - Repealed.

History:
1978 Comp., § 14-8-12.4, enacted by Laws 1985, ch. 122, § 4; repealed by Laws 2011, ch. 134, § 24.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 134, § 24 repealed 14-8-12.4 NMSA 1978, as enacted by Laws 1985, ch. 122, § 4, relating to recording fees, more than two acknowledgments, more than two hundred words and when number of words is in excess of standard form, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-15 - Payment of fees; disposition.

A. No county clerk shall receive any instrument of writing for filing or record unless the fees for such filing and recording have first been paid.
B. Unless otherwise specified by law, the county clerk shall collect a recording fee of twenty-five dollars ($25.00) for each document filed or recorded by the county clerk.
C. If a document being filed or recorded contains more than ten entries to the county recording index, the county clerk shall collect an additional fee of twenty-five dollars ($25.00) for each additional block of ten or fewer entries to the county recording index from the document.
D. To the extent documents described in Section 14-8-13 NMSA 1978 are filed or recorded in the office of the county clerk, the documents shall be received pursuant to the fees described in this section.
E. For each fee of twenty-five dollars ($25.00) collected by the county clerk pursuant to this section, eighteen dollars ($18.00) shall be deposited in the county general fund and seven dollars ($7.00) shall be deposited in the county clerk recording and filing fund.
History:
Laws 1901, ch. 62, § 19; 1909, ch. 49, § 1; Code 1915, § 4797; C.S. 1929, § 118-121; 1941 Comp., § 13-113; 1953 Comp., § 71-1-13; 2011, ch. 134, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For deduction from salary for failure to collect fees to be paid in advance, see 4-44-29 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, imposed fees for recording documents.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws § 80.
76 C.J.S. Records § 19 et seq.