New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Public Records Act permits the
				inspection of public records of this state "except as otherwise provided by
				law," Paragraph (8) of Subsection A of Section
				14-2-1
				NMSA 1978. Section
				51-1-32
				NMSA 1978 requires that "information obtained from employers, employing units
				or claimants pursuant to the administration of the Unemployment Compensation
				Law and determinations as to the benefit rights of any claimant are
				confidential and shall not be open to inspection in any manner revealing the
				claimant's employer's or employing unit's identity except that such information
				may be made available to those designated persons and agencies, and for the
				purposes specified in regulations issued by the secretary."
B. The department's files and records,
				including but not limited to investigation reports, statements, memoranda,
				correspondence or other data, regardless of the media on which stored,
				pertaining to matters under consideration or scheduled for hearing, other
				departmental proceeding or judicial appeal shall be available for inspection
				and copying, at any reasonable time by the employing unit or individual who is
				a party to any proceeding before the department.
C. The contents of the department's files and
				records shall not be released to any person except the employers, employing
				units or claimants to whom the file or record pertains or the employers',
				employing units' or claimants 'authorized representative, and then, only upon a
				signed, written release, court order, grand jury subpoena or search warrant.
				Except in instances of court orders, grand jury subpoenas and search warrants,
				if more than one party is named in the file or record sought, both parties must
				sign a consent to the release of the file or record if it is sought for any
				purpose other than a proceeding before the department.
D. With the consent and approval of the
				secretary and upon advice of the department's general counsel, the contents of
				the department's files and records may be released to law enforcement agencies
				for the purpose of criminal investigations and child support
				proceedings.
E. From time to time,
				the department may enter into agreements to exchange information with other
				government agencies and with non-government providers of public assistance,
				which agreements may provide for the exchange of information otherwise
				confidential under Section
				51-1-32
				NMSA 1978. The conveyance of this information is for the purpose of obtaining
				information necessary for the department to provide services to its customers
				or so that other agencies can provide public assistance benefits to the
				individuals about whom the information pertains. In such instances, every
				reasonable effort shall be made to maintain the confidentiality of the
				information exchanged.
F. Unless
				otherwise provided by statute or a written agreement provided in Subsection E
				of 11.3.100.106 NMAC, the department shall charge the indicated fees for copies
				of department files and records:
(1) CD or
				DVD disc, $5.00 per disc;
(2)
				printed paper copies, $1.00 of first page of file or request; 50 cents per page
				thereafter up to 100 copies; 25 cents all copies thereafter within the same
				file or request;
(3) staff research
				time, $20.00 per hour for all time in excess of one hour spent in locating or
				reviewing a file prior to copying;
(4) employment or income verification,
				whether or not copies are requested, $6.00; and
(5) any other request shall be charged at a
				reasonable rate for the equipment, staff and other resources used to provide
				the copies.