reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-10 - Procedure for excessively burdensome or broad requests.

If a custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed to comply with the request. The custodian shall provide written notification to the requester within fifteen days of receipt of the request that additional time will be needed to respond to the written request. The requester may deem the request denied and may pursue the remedies available pursuant to the Inspection of Public Records Act if the custodian does not permit the records to be inspected in a reasonable period of time.
History:
Laws 1993, ch. 258, § 7.
ANNOTATIONS
Custodian may make reasonable restrictions and conditions on access.
— Fact that request for inspection would pose an extreme burden on personnel office of state university was not a legitimate reason, by itself, for failure to make records available for inspection or for copying, but custodian could make reasonable restrictions and conditions on access to the records. Reasonable regulations could be made as to times when and places where they may be inspected or copied, and custodian could insist upon reasonable supervision for the safekeeping of the records.
State ex rel. Newsome v. Alarid
, 1977-NMSC-076, 90 N.M. 790, 568 P.2d 1236.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 37A Am. Jur. 2d Freedom of Information Acts § 425 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2A - Use of Police Reports › Section 14-2A-1 - Protection of victims of crimes or accidents; police reports; commercial solicitation prohibited.

No attorney, health care provider or their agents shall inspect, copy or use police reports or information obtained from police reports for the purpose of the solicitation of victims or the solicitation of the relatives of victims of reported crimes or accidents.
History:
Laws 1993, ch. 123, § 1.
ANNOTATIONS
Cross references.
— For right to inspect public records and exceptions,
see
14-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-1 - Short title.

Chapter 14, Article 3 NMSA 1978 may be cited as the "Public Records Act".
History:
1953 Comp., § 71-6-1, enacted by Laws 1959, ch. 245, § 1; 1995, ch. 110, § 7.
ANNOTATIONS
Cross references.
— For Public Health Act records being confidential,
see
24-1-20 NMSA 1978.
For the Electronic Authentication of Documents Act,
see
Chapter 14, Article 15 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, substituted "Chapter 14, Article 3 NMSA 1978" for "This act".
Names and charges of juvenile arrestees.
— A law enforcement agency is not prohibited by the Children's Code, 32A-1-1 NMSA 1978 et seq., the Arrest Record Information Act, 29-10-1 NMSA 1978 et seq., or any other law of New Mexico from releasing to the public the names of juveniles who have been arrested for criminal acts, and the charges for which they were arrested. 1987 Op. Att'y Gen. No. 87-29.
Law reviews.
— For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-7 - Inspection and survey of public records.

The administrator is authorized to inspect or survey the records of any agency, and to make surveys of records management and records disposal practices in the various agencies, and he shall be given the full cooperation of officials and employees of the agencies in such inspections and surveys. Records, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, may be inspected or surveyed by the administrator, subject to the same restrictions imposed upon employees of the agency holding the records.
History:
1953 Comp., § 71-6-7, enacted by Laws 1959, ch. 245, § 7.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-7.1 - Access to confidential records.

A. Notwithstanding any other provision of law, any public record deemed by law to be confidential and required by a records retention and disposition schedule to be maintained longer than twenty-five years shall not, after twenty-five years from the date of creation, be confidential and shall be accessible to the public, except:
(1) personal identification information deemed confidential by law, which shall remain confidential for one hundred years after the date of creation, unless a shorter duration is otherwise required by law;
(2) records that are confidential pursuant to Section 2-3-13 NMSA 1978, which shall remain confidential for seventy-five years after the date of creation;
(3) records that are confidential pursuant to Section 18-6-11.1 NMSA 1978; and
(4) records whose disclosure is prohibited by court action or federal law.
B. Nothing in this section shall limit or remove the discretion of a records custodian to withhold a public record pursuant to Section 14-2-1 NMSA 1978.
History:
Laws 2005, ch. 79, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 79 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-8 - Records center.

A records center is established in Santa Fe under the supervision and control of the administrator. The center, in accordance with the regulations established by the administrator and the commission, shall be the facility for the receipt, storage or disposition of all inactive and infrequently used records of present or former state agencies or former territorial agencies which at or after the effective date of this act may be in custody of any state agency or instrumentality, and which are not required by law to be kept elsewhere, or which are not ordered destroyed by the commission.
Records required to be confidential by law and which are stored in the center shall be available promptly when called for by the originating agency, but shall not be made available for public inspection except as provided by law. All other records retained by the center shall be open to the inspection of the general public, subject to reasonable rules and regulations prescribed by the administrator. Facilities for the use of these records in research by the public shall be provided in the center.
History:
1953 Comp., § 71-6-8, enacted by Laws 1959, ch. 245, § 8.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of this act", appearing in the second sentence of the first paragraph, means June 12, 1959, the effective date of Laws 1959, ch. 245.
Official documents and correspondence of former officials.
— It is clear that the official documents and correspondence of a former territorial governor, chief justice, representative and delegate should be in the custody of the commission in the state records center. 1961 Op. Att'y Gen. No. 61-07.
Records which contain both official and personal matters
are still public records and should be in the custody of the commission at the state records center. 1969 Op. Att'y Gen. No. 69-139.
State records center 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 records center 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-8.1 - Records center revolving fund; created; revenues from sales deposited in fund.

The "records center revolving fund" is created in the state treasury. Money from the sale of state records center publications, services, equipment, supplies and materials shall be deposited in the fund. The fund shall be administered by the state records center, and money in the fund is appropriated to the state records center to carry out the administrative purposes of the Public Records Act and the State Rules Act [Chapter 14, Article 4 NMSA 1978]. Expenditures from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the state records administrator or his authorized representative.
History:
Laws 2002, ch. 56, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 56, § 4 contained an emergency clause and was approved March 4, 2002.
Temporary provisions.
— Laws 2002, ch. 56, § 3, effective March 4, 2002, provided that all money in the special revolving fund established by Laws 1961, Chapter 111 for the use of the state records center be transferred to the records center revolving fund.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-9 - Disposition of public records.

Upon completion of an inspection or survey of the public records of any agency by the administrator, or at the request of the commission or the head of any agency, the administrator, attorney general and the agency official in charge of the records of that agency shall together make a determination as to whether:
A. the records shall be retained in the custody of the agency;
B. the records shall be transferred to the records center; or
C. a recommendation for destruction of the records shall be made to the commission.
If it is determined that the records are to be transferred to the records center, they shall be within a reasonable time so transferred. A list of the records so transferred shall be retained in the files of the agency from which the records were transferred.
Public records in the custody of the administrator may be transferred or destroyed only upon order of the commission.
History:
1953 Comp., § 71-6-9, enacted by Laws 1959, ch. 245, § 9.
ANNOTATIONS
County officials are not required to comply with specific terms
of 14-3-9 through 14-3-11 NMSA 1978, when they destroy the records kept by them. 1979 Op. Att'y Gen. No. 79-16.
Disposition of official's records upon expiration of term.
— After his term of office has expired, an elected state official may not dispose of his official public records in any manner other than that prescribed by the New Mexico commission of public records. 1969 Op. Att'y Gen. No. 69-139.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-10 - Disagreement as to value of records.

In the event the attorney general and the administrator determine that any records in the custody of a public officer including the administrator are of no legal, administrative or historical value, but the public officer having custody of the records or from whose office the records originated fails to agree with such determination or refuses to dispose of the records, the attorney general and the administrator may request the state commission of public records to make its determination as to whether the records should be disposed of in the interests of conservation of space, economy or safety.
History:
1953 Comp., § 71-6-10, enacted by Laws 1959, ch. 245, § 10.
ANNOTATIONS
County officials are not required to comply with specific terms
of 14-3-9 through 14-3-11 NMSA 1978, when they destroy the records kept by them. 1979 Op. Att'y Gen. No. 79-16.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-11 - Destruction of records.

If it is determined by the administrator, attorney general and agency head that destruction of records will be recommended, the administrator shall have prepared a list of records, together with a brief description of their nature, and shall place upon the agenda of the next meeting of the commission the matter of destruction of the records. The records may be stored in the center awaiting decision of the commission.
The commission's decision with reference to destruction of the records shall be entered on its minutes, together with the date of its order to destroy the records and a general description of the records which it orders to be destroyed. A copy of the commission's order shall be filed with the librarian of the supreme court library.
No public records shall be destroyed if the law prohibits their destruction.
History:
1953 Comp., § 71-6-11, enacted by Laws 1959, ch. 245, § 11; 1965, ch. 81, § 2.
ANNOTATIONS
Destruction of paper originals reproduced by microphotography.
— It is clear from reading this article that "public records," as defined herein, may be reproduced by microphotography. However, there is no implication that the paper originals can then be destroyed by the administrator. Destruction of such documents can be accomplished only as provided in 14-3-9 to 14-3-11 NMSA 1978, which require, among other things, an appropriate order by the commission. 1960 Op. Att'y Gen. No. 60-68.
County officials are not required to comply with specific terms
of 14-3-9 through 14-3-11 NMSA 1978, when they destroy the records kept by them. 1979 Op. Att'y Gen. No. 79-16.
Records made or kept by municipality
under its own authority and for its own purposes may be disposed of as the municipality sees fit. What the municipality has power to create, it has power to destroy, but what is created by the state, or by authority of the state, can only be destroyed by the state, or with its permission. 1961 Op. Att'y Gen. No. 61-36.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-12 - Transfer of records upon termination of state agencies.

All public records of any agency, upon the termination of the existence and functions of that agency, shall be checked by the administrator and the attorney general and either transferred to the custody of another agency having a use for the records, or to the custody of the administrator at the center in accordance with the procedure of the Public Records Act [Chapter 14, Article 3 NMSA 1978].
When an agency is terminated or reduced by the transfer of its powers and duties to another agency or to other agencies, its appropriate public records shall pass with the powers and duties so transferred.
History:
1953 Comp., § 71-6-12, enacted by Laws 1959, ch. 245, § 12.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-13 - Protection of records.

The administrator and every other custodian of public records shall carefully protect and preserve such records from deterioration, mutilation, loss or destruction and, whenever advisable, shall cause them to be properly repaired and renovated. All paper, ink and other materials used in public offices for the purposes of permanent records shall be of durable quality.
History:
1953 Comp., § 71-6-13, enacted by Laws 1959, ch. 245, § 13.
ANNOTATIONS
Cross references.
— For durability of county clerks' records,
see
14-8-7 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws § 10.
76 C.J.S. Records § 30 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-14 - Advisory groups.

The commission upon recommendation of the administrator may from time to time appoint advisory groups to more effectively obtain the best professional thinking of the bar, historians, political scientists, librarians, accountants, genealogists, patriotic groups, associations of public officials and other groups, on the steps to be taken with regard to any particular group or type of records.
History:
1953 Comp., § 71-6-14, enacted by Laws 1959, ch. 245, § 14.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-15.2 - Electronic authentication; substitution for signature.

Whenever there is a requirement for a signature on any document, electronic authentication that meets the standards promulgated by the commission may be substituted.
History:
Laws 1995, ch. 27, § 1.
ANNOTATIONS
Cross references.
— For format of rules filings under State Rules Act,
see
14-4-3 NMSA 1978.
For electronic filing of report of campaign expenditures and contributions,
see
1-19-31 NMSA 1978.
For electronic filing under Taxation and Revenue Department Act,
see
9-11-6.4 NMSA 1978.
For electronic filing of annual statement by insurer,
see
59A-5-29 NMSA 1978.
For electronic copies and abstracts of motor vehicle records,
see
66-2-7 NMSA 1978.
For electronic filing of title applications for motor vehicle titles,
see
66-3-201 NMSA 1978.
For use of electronic versions of uniform traffic citations in the issuance of citations,
see
66-8-128 NMSA 1978.
For submission of required information to the Motor Vehicle Division of penalty assessments under municipal programs via electronic means,
see
66-8-130 NMSA 1978.
For electronic filing of abstract of record in cases involving violations of Motor Vehicle Code,
see
66-8-135 NMSA 1978.
For the Electronic Authentication of Documents Act,
see
Chapter 14, Article 15 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-16 - Attorney general may replevin state records.

On behalf of the state and the administrator, the attorney general may replevin any papers, books, correspondence or other public records which were formerly part of the records or files of any public office in the territory or state of New Mexico, and which the state still has title to or interest in and which have passed out of the official custody of the state, its agencies or instrumentalities.
History:
1953 Comp., § 71-6-16, enacted by Laws 1959, ch. 245, § 16.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-17 - Approval of existing state agency systems.

Upon the effective date of this act, the state records administrator shall review any existing state agency microphotography system and, after consultation with the agency, shall approve, disapprove or require modification to the system. For the purposes of this section, "state agency" shall include the district courts. Upon disapproval, the agency shall cease to use the system. Modifications shall be completed within a period specified by the administrator.
History:
1953 Comp., § 71-6-17, enacted by Laws 1975, ch. 215, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1963, ch. 303, § 30-1, repealed former 71-6-17, 1953 Comp. (Laws 1959, ch. 245, § 17), relating to unlawful disposition of public records. For present comparable provisions,
see
30-26-1 NMSA 1978.
The phrase "effective date of this act", appearing near the beginning of this section, means July 1, 1975, the effective date of Laws 1975, Chapter 215.
Subsections B, D and G of 14-3-15 NMSA 1978 and this section apply only to state agencies
and not to counties or other governmental organizations. 1979 Op. Att'y Gen. No. 79-26.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-19 - Storage equipment, supplies and materials; microfilm services and supplies; purchase by state commission of public records for resale.

The state commission of public records may purchase for resale such storage boxes, forms, microfilm supplies necessary to the providing of microfilm services and other supplies and materials as in its judgment are necessary to facilitate the various aspects of its programs. The commission may sell such items and services at cost plus a five percent handling charge. All receipts from such sales shall go into the records center revolving fund.
History:
1953 Comp., § 71-6-18, enacted by Laws 1968, ch. 14, § 1; 2002, ch. 56, § 1.
ANNOTATIONS
Cross references.
— For records center revolving fund,
see
14-3-8.1 NMSA 1978.
The 2002 amendment,
effective March 4, 2002, in the present last sentence, substituted "records center revolving fund" for "special revolving fund established by Laws 1961, Chapter 111, which is hereby continued", and deleted the former last sentence, which related to appropriations.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-20 - Interstate compacts; filing; index.

A. Each agency of this state and each political subdivision of the state entering into or administering an interstate compact or other intergovernmental agreement between or among states, subdivisions of this state and other states or between this state or any subdivision and the federal government, having the force of law and to which this state or any subdivision is a party, shall file with the records center:
(1) a certified copy of the compact or agreement;
(2) a listing of all other jurisdictions party to the compact or agreement and the date on which each jurisdiction entered into participation;
(3) the status of each compact or agreement with respect to withdrawals of participating jurisdictions;
(4) citations to any act or resolution of the congress of the United States consenting to the compact or agreement; and
(5) any amendment, supplementary agreement or administrative rule or regulation having the force of law and implementing or modifying the compact or agreement.
B. The records center shall index these documents and make them available for inspection upon request of any person during normal business hours.
C. The provisions of this section are in addition to other requirements of law for filing, publication or distribution.
D. No compact or agreement entered into after the effective date of this section shall become effective until filed as required in this section.
E. The executive official in charge of any state agency or political subdivision which fails to file any compact or agreement required by this section to be filed is guilty of a misdemeanor.
F. The records center shall be furnished copies of all interstate compacts, when available, as defined in this section, which have been filed with the supreme court librarian.
History:
1953 Comp., § 71-6-19, enacted by Laws 1963, ch. 185, § 1; 1981, ch. 221, § 1.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of this section", referred to in Subsection D, means June 7, 1963, the effective date of Laws 1963, ch. 185, § 1.
Interstate contract is not instrument similar to rules, reports and notices
issued by state agencies.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
State does not have valid prisoner transfer agreement with Arizona.
— Due to fact that an exhaustive search of the supreme court library found only one contract for a term from April 24, 1973, to June 30, 1974, and a renewal for July 1, 1975, to June 30, 1976, New Mexico does not have a valid agreement with Arizona concerning transfers of prisoners.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-21 - [State publications; manuals of procedure; rules; reports; uniform style and form.]

The state records administrator shall develop and recommend to the state commission of public records uniform standards of style and format for the following:
A. manuals of procedure prepared and published by state agencies for the guidance of public officers and employees engaged in operations required for the efficient operation of state and local government, including but not limited to acquiring space, budgeting, accounting, purchasing, contracting, vouchering, printing, appointment and dismissal of employees and record maintenance;
B. manuals of procedures prepared and published by state agencies for the guidance of their own employees and for their own operations;
C. official rules and regulations and reprints of laws published by state agencies, excluding session laws published by the secretary of state; and
D. official reports of state agencies required by law, excluding the budget document presented to the legislature.
The state commission of public records, after consultation with the affected agencies, and with the approval of the governor, shall adopt and promulgate uniform standards of style and format for the above publications and a schedule of distribution for each class of publication which shall be binding upon all state agencies. "Agencies" means, for the purposes of this section, all state departments, bureaus, commissions, committees, institutions and boards, except those agencies of the legislative and judicial branches, and those educational institutions listed in Article 12, Section 11 of the New Mexico Constitution.
History:
1953 Comp., § 71-6-20, enacted by Laws 1965, ch. 154, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provisions of the State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-22 - Public policy on certain publications; state commission of public records duties.

A. It is the intent of the legislature and the public policy of this state to reduce unnecessary expense to the taxpayers of this state in connection with publications of state agencies designed primarily for the purpose of reporting to or the informing of the governor, the legislature, other state agencies or the political subdivisions of this state.
B. The state commission of public records shall develop and adopt regulations which shall be binding upon all state agencies. The regulations shall provide for uniform standards for those publications set forth in Subsection A of this section and shall include but be not limited to:
(1) a standard size format to accommodate paper of the most economical type available;
(2) prohibiting the use of expensive covers, binders and fasteners;
(3) prohibiting the use of photographs, art work and design, unless absolutely necessary for clarification of the report;
(4) limiting the use of color stock paper, where such color stock would be more expensive than the use of white paper; and
(5) requiring offset or mimeograph or other means of duplication when it cannot be demonstrated that printing of such publication would be equal to or less than the cost of offset, mimeograph or other means of duplication.
C. The state commission of public records shall maintain constant and continuing supervision of such publications by state agencies and shall report persistent violations of the regulations made pursuant to this act [Chapter 14, Article 3 NMSA 1978] to the secretary of general services.
History:
1953 Comp., § 71-6-21, enacted by Laws 1977, ch. 209, § 1; 1983, ch. 301, § 34.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-23 - [Manuals of procedure; preparation by state agencies; review by state records administrator; publication.]

Each state agency which has an official duty to establish methods and procedures involved in the internal structure and operation of state government, including but not limited to acquiring space, budgeting, accounting, purchasing, contracting, vouchering, printing, appointment and dismissal of employees and record-keeping, shall prepare, within the means provided by current operating budgets, manuals of procedure for the guidance of public officers and employees engaged in such work. Such manual or manuals shall be reviewed and ordered published by the state records administrator and in accordance with uniform standards of style and format promulgated by the state commission of public records.
History:
1953 Comp., § 71-6-22, enacted by Laws 1965, ch. 154, § 3.
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 3 - Public Records › Section 14-3-25 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1995, ch. 110, § 9, recompiled former 14-3-24 and 14-3-25 NMSA 1978, describing duties of the state records administrator, as 14-4-10 and 14-4-11 NMSA 1978, effective July 1, 1995.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3A - Confidential Materials › Section 14-3A-1 - Short title.

Sections 1 and 2 [14-3A-1, 14-3A-2 NMSA 1978] of this act may be cited as the "Confidential Materials Act".
History:
Laws 1981, ch. 47, § 1.
ANNOTATIONS
Cross references.
— For public records generally,
see
Chapter 14, Article 3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "confidential source" within Freedom of Information Act exemption permitting nondisclosure of identity of confidential source and, in specified instances, of confidential information furnished only by confidential source (5 USCS § 522(b)(7)(D)), 59 A.L.R. Fed. 550.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3A - Confidential Materials › Section 14-3A-2 - Donation of confidential material.

A. Any library, college, university, museum or institution of the state or any of its political subdivisions may hold in confidence materials of a historical or educational value upon which the donor or seller has imposed restrictions with respect to access to and inspection of the materials for a definite period of time as specified by the donor or seller.
B. Access to and inspection of such materials may be restricted during the period specified by the donor or seller in the manner specified by the donor or seller.
C. The provisions of Subsections A and B of this section do not apply to materials which were public records of New Mexico as defined in Section 14-2-1 NMSA 1978 while in the possession of the donor or seller at the time of the donation or sale.
History:
Laws 1981, ch. 47, § 2.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-1 - Short title.

Chapter 14, Article 4 NMSA 1978 may be cited as the "State Rules Act".
History:
1953 Comp., § 71-7-1, enacted by Laws 1967, ch. 275, § 1; 1995, ch. 110, § 1.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "Chapter 14, Article 4, NMSA 1978" for "This act".
This act is inapplicable to interstate agreements.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
Interstate contract is not similar to rules, reports and notices
issued by state agencies.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
State corporation commission (now public regulation commission) may promulgate regulations interpreting school bus exemption in Motor Carrier Act without holding hearing
prior to the issuance of the regulation, so long as it complies with State Rules Act, unless and until the legislature were to place the state corporation commission (now public regulation commission) under the Administrative Procedures Act, 12-8-1 NMSA 1978 et seq. 1969 Op. Att'y Gen. No. 69-100.
Law reviews.
— For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Resources J. 114 (1968).
For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973).
For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).
For survey of 1988-89 Administrative Law, see 21 N.M.L. Rev. 481 (1991).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure §§ 112, 114.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-4 - Publication filing and distribution; official depository.

Each agency issuing any publication, pamphlet, report, notice, proclamation or similar instrument shall immediately file five copies thereof with the records center. The records center shall deliver three copies to the state library, which shall keep one copy available for public inspection during office hours. All other copies may be circulated. The state library is designated to be an official depository of all such publications, pamphlets, reports, notices, proclamations and similar instruments.
History:
1953 Comp., § 71-7-5, enacted by Laws 1967, ch. 275, § 5; 1969, ch. 92, § 3; 1995, ch. 110, § 3.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, added the section heading.
No fundamental right to notice and hearing.
— There is no fundamental right to notice and hearing before the adoption of a rule. Such a right is statutory only.
Livingston v. Ewing
, 1982-NMSC-110, 98 N.M. 685, 652 P.2d 235.
Actual notice of rule does not dispel necessity of compliance
with State Rules Act.
State v. Joyce
, 1980-NMCA-086, 94 N.M. 618, 614 P.2d 30.
What and with whom matters to be filed.
— Formerly, all official reports, pamphlets, publications, regulations, rules, codes of fair competition, proclamations and orders issued, prescribed or promulgated by the state corporation commission (now public regulation commission) of general application were to be filed, in accordance with statute, with the supreme court librarian of the state of New Mexico, with the exception of any rule or regulation or order or other document of the corporation commission (now public regulation commission), wherein it is exercising its duty of fixing, determining, supervising, regulating and controlling all charges and rates of railway, express, telephone, telegraph, sleeping car or similar company and common carrier within the state. 1953 Op. Att'y Gen. No. 53-5814.
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M. L. Rev. 1 (1981).
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.1 - Temporary provision.

Notwithstanding the provisions of 14-4-5 NMSA 1978, rules filed prior to July 1, 1995 shall continue in effect if such rules were filed with the state records center in accordance with the law applicable at the time of filing, and they have not otherwise been repealed, amended, or superseded.
History:
Laws 1995, ch. 110, § 10.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.2 - Notice of proposed rulemaking.

A. Not later than thirty days before a public rule hearing, the agency proposing the rule shall provide to the public and publish in the New Mexico register a notice of proposed rulemaking. The notice shall include:
(1) a summary of the full text of the proposed rule;
(2) a short explanation of the purpose of the proposed rule;
(3) a citation to the specific legal authority authorizing the proposed rule and the adoption of the rule;
(4) information on how a copy of the full text of the proposed rule may be obtained;
(5) information on how a person may comment on the proposed rule, where comments will be received and when comments are due;
(6) information on where and when a public rule hearing will be held and how a person may participate in the hearing; and
(7) a citation to technical information, if any, that served as a basis for the proposed rule, and information on how the full text of the technical information may be obtained.
B. An agency may charge a reasonable fee for providing any records in nonelectronic form when provided to a person pursuant to this section. An agency shall not charge a fee for providing any records in electronic form when provided to a person pursuant to this section.
C. An internet link providing free access to the full text of the proposed rule shall be included on the notice of proposed rulemaking.
D. If the agency changes the date of the public rule hearing or the deadline for submitting comments as stated in the notice, the agency shall provide notice to the public of the change.
E. The state records administrator or the administrator's designee shall timely publish the notice of proposed rulemaking in the next publication of the New Mexico register.
History:
Laws 2017, ch. 137, § 4.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 4 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.3 - Public participation, comments and rule hearings.

A. The notice of proposed rulemaking shall specify a public comment period of at least thirty days after publication in the New Mexico register during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format or at a public rule hearing pursuant to Subsection B of this section. The agency shall consider all information and comment on a proposed rule that is submitted within the comment period.
B. At the public rule hearing, members of the public shall be given a reasonable opportunity to submit data, views or arguments orally or in writing. Each agency shall determine, in accordance with governing statutory and case law, the manner in which parties to the proceeding and members of the public will be able to participate in public hearings. All public hearings shall be conducted in a fair and equitable manner. Except as otherwise provided by law, an agency representative or hearing officer shall preside over a public rule hearing.
C. The public rule hearing shall be open to the public and be recorded.
History:
Laws 2017, ch. 137, § 5.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 5 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.4 - Agency record in rulemaking proceeding.

A. An agency shall maintain a rulemaking record for each rule it proposes to adopt. The record and materials incorporated by reference in the proposed rule shall be readily available for public inspection in the central office of the agency and available for public display on the state sunshine portal. If an agency determines that any part of the rulemaking record cannot be practicably displayed or is inappropriate for public display on the sunshine portal, the agency shall describe that part of the record, shall note on the sunshine portal that the part of the record is not displayed and shall provide instructions for accessing or inspecting that part of the record.
B. A rulemaking record shall contain:
(1) a copy of all publications in the New Mexico register relating to the proposed rule;
(2) a copy of any technical information that was relied upon in formulating the final rule;
(3) any official transcript of a public rule hearing or, if not transcribed, any audio recording or verbatim transcript of the hearing, and any memoranda summarizing the contents of the hearing prepared by the hearing officer or agency official who presided over the hearing;
(4) a copy of all comments and other material received by the agency during the public comment period and at the public hearing;
(5) a copy of the full text of the initial proposed rule and the full text of the final adopted rule and the concise explanatory statement filed with the state records administrator or the administrator's designee; and
(6) any corrections made by the state records administrator pursuant to Section 14-4-3 NMSA 1978.
History:
Laws 2017, ch. 137, § 6.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 6 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.5 - Concise explanatory statement.

At the time it adopts a rule, an agency shall provide to the public a concise explanatory statement containing:
A. the date the agency adopted the rule;
B. a reference to the specific statutory or other authority authorizing the rule; and
C. any findings required by a provision of law for adoption of the rule.
History:
Laws 2017, ch. 137, § 7.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 7 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.6 - Emergency rule.

A. An agency shall comply with the rulemaking procedures of the State Rules Act unless the agency finds that the time required to complete the procedures would:
(1) cause an imminent peril to the public health, safety or welfare;
(2) cause the unanticipated loss of funding for an agency program; or
(3) place the agency in violation of federal law.
B. The agency shall provide to the public a record of any finding pursuant to Subsection A of this section and a detailed justification for that finding before issuing an emergency rule. The record shall include a statement that the emergency rule is temporary. After such record has been provided to the public, the agency may issue the emergency rule immediately without a public rule hearing or with any abbreviated notice and hearing that it finds practicable.
C. When an agency makes a finding pursuant to Subsection A of this section, the agency shall follow the provisions of this section in addition to any more specific requirements in statute that pertain to the agency regarding promulgating emergency or interim rules.
D. Emergency rules may take effect immediately upon filing with the state records administrator or the administrator's designee or at a later date specified in the emergency rule. Emergency rules shall be published in the New Mexico register.
E. No emergency rule shall permanently amend or repeal an existing rule. An emergency rule shall remain in effect until a permanent rule takes effect under the normal rulemaking process. If no permanent rule is adopted within one hundred eighty days from the effective date of the emergency rule, the emergency rule shall expire and may not be readopted as an emergency rule. If an expired emergency rule temporarily amended or repealed an existing rule, the rule shall revert to what it would have been had the emergency rule not been issued.
History:
Laws 2017, ch. 137, § 8.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 8 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.7 - Conflicts between rule and statute; variance between proposed and final action.

A. No rule is valid or enforceable if it conflicts with statute. A conflict between a rule and a statute is resolved in favor of the statute.
B. A word or phrase that is defined in an applicable statute should not be defined in rule. A conflict between a definition that appears in a rule and in an applicable statute is resolved in favor of the statute.
History:
Laws 2017, ch. 137, § 9.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 9 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-5.8 - Procedural rules.

No later than January 1, 2018, the attorney general shall adopt default procedural rules for public rule hearings for use by agencies that have not adopted their own procedural rules consistent with the State Rules Act. Each agency may adopt its own procedural rules, or continue in effect existing rules, which shall provide at least as much opportunity for participation by parties and members of the public as is provided in the procedural rules adopted by the attorney general. An agency that adopts its own procedural rules shall send a copy of those procedural rules to the attorney general and shall maintain those procedural rules on the agency's website.
History:
Laws 2017, ch. 137, § 10.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 137, § 11 made Laws 2017, ch. 137, § 10 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-6 - [Trade, sale and exchange of agency rules, publications and reports by records center.]

The records center is hereby authorized to trade, sell or exchange such rules, pamphlets, reports or similar instruments for rules, pamphlets, reports or similar instruments of similar value and to sell the same at a reasonable price.
History:
1953 Comp., § 71-7-7, enacted by Laws 1967, ch. 275, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Resources J. 114 (1968).
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 4 - State Rules › Section 14-4-7 - Current listing of rules; rule repeals.

A. The state records administrator shall prepare and publish a listing and index of all current rules which are filed with the records center.
B. All pamphlets, reports, proclamations or similar instruments which are filed with the librarian of the supreme court law library of the state of New Mexico on the effective date of the State Rules Act and which would, if filed after the effective date of the State Rules Act, be filed with the records center shall be transferred to the records center.
C. The records center shall be furnished a reasonable opportunity to obtain copies of all rules, as defined in the State Rules Act, filed with the librarian of the supreme court law library of the state of New Mexico on the effective date of the State Rules Act.
D. All rules filed with the librarian of the supreme court law library that have not been filed with the records center pursuant to the State Rules Act by June 30, 1991 are repealed.
History:
1953 Comp., § 71-7-8, enacted by Laws 1967, ch. 275, § 10; 1969, ch. 92, § 5; 1991, ch. 221, § 1.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of the State Rules Act", used three times in this section, means April 14, 1967, the effective date of Laws 1967, Chapter 275.
The 1991 amendment,
effective June 14, 1991, added the section heading; designated the formerly undesignated provisions as Subsections A to C; deleted the former last sentence of the section which read: "The librarian of the supreme court shall not be required to retain more than the original or one copy thereof"; added Subsection D; and made minor stylistic changes throughout the section.
Interstate agreement not contemplated within this act.
— Despite the broad language in this section regarding "[a]ll pamphlets, reports, proclamations or similar instruments," an interstate agreement contract is not contemplated within the State Rules Act.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
Interstate contract is not instrument similar to rules, reports and notices
issued by state agencies.
State v. Ellis
, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047.
Law reviews.
— For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Resources J. 114 (1968).