2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-4 - Duties and powers of commission.

It shall be the duty of the commission to:
A. employ as state records administrator a competent, experienced person professionally trained as an archivist and records manager who shall serve at the pleasure of the commission. He need not be a resident of New Mexico at the time of his employment. His salary shall be fixed by the commission;
B. approve the biennial budget covering costs of the operations set forth in this act [Chapter 14, Article 3 NMSA 1978], as prepared by the administrator for presentation to the state legislature;
C. decide, by majority vote, any disagreements between the administrator and any state officer regarding the disposition of records within the custody of said officer, such decisions to have the effect of law;
D. consider the recommendations of the administrator for the destruction of specifically reported records, and by unanimous vote either order or forbid such destruction;
E. approve in writing, or reject, the written terms and conditions of each proposed loan of documentary material to the records center, as agreed upon by the lender and the administrator;
F. adopt and publish rules and regulations to carry out the purposes of the Public Records Act;
G. request any agency to designate a records liaison officer to cooperate with, assist and advise the administrator in the performance of his duties and to provide such other assistance and data as will enable the commission and administrator properly to carry out the purposes of the Public Records Act; and
H. prepare an annual report to the governor on the operations conducted under the terms of this act during the previous year, including a complete fiscal report on costs and effected savings, and cause same to be published.
History:
1953 Comp., § 71-6-4, enacted by Laws 1959, ch. 245, § 4.
ANNOTATIONS
Necessary and implied authority.
— The commission of public records has all necessary and implied authority to carry out the responsibilities delegated to it by law. 1969 Op. Att'y Gen. No. 69-03.
Duty not to exceed authority.
— The commission of public records has a duty not to exceed the authority delegated to it by law. 1969 Op. Att'y Gen. No. 69-03.
Governor has no constitutional or statutory power to establish agency to meet governmental printing and duplication needs
as a new division of the commission of public records whose existence and scope of functioning is based on a legislative enactment which cannot fairly be construed to include authority to undertake such services. 1969 Op. Att'y Gen. No. 69-03.
State commission of public records does not have the authority to conduct investigations into the compliance of state agencies with respect to their adherence to the requirements of the State Rules Act.
— New Mexico courts have consistently held that administrative bodies are creatures of statute and can act only on those matters which are within the scope of authority delegated to them. The State Rules Act, NMSA 1978, §§ 14-4-1 to -11, does not provide the state commission of public records the authority to independently investigate the actions of state agencies with respect to their adherence to the notice and hearing requirements of the State Rules Act.
Authority of Commission of Public Records and SRCA
(11/18/21), Att'y Gen. Adv. Ltr. 2021-13.