New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 2 - CONFIDENTIAL TREATMENT OF CERTAIN INFORMATION › Section 15.1.2.9 - REQUESTS FOR DISCLOSURE OF CONFIDENTIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nothing in this rule may be construed as
				requiring the board to create any document or compilation of any confidential
				information for the purpose of responding to a request for
				disclosure.
B. Any person seeking
				access to confidential information in the board's possession may file a request
				for disclosure by the board. The request must be in writing, must state the
				purpose of the request and the proposed use of the information, and must be
				sufficient to adequately identify and limit the documents or information
				sought. A separate request must be filed for each applicant or licensee about
				whom information is sought. The procedure for requesting confidential
				information described herein does not apply to information subject to
				disclosure pursuant to the Inspection of Public Records Act, Section
				14-2-1
				et seq NMSA.
C. Within 10 working
				days of receipt of the request, the board will make a preliminary assessment
				whether the request satisfies the requirements of Subsection 15.1.2 9(B). If
				the request fails to satisfy the requirements of Subsection 15.1.2 9(B), the
				board will deny the request on the basis of the deficiencies and will return
				the request to the person seeking the information with an explanation of the
				deficiencies. No further action will be required of the board.
D. Within 15 working days of receipt of the
				request, if the request meets the requirements of Subsection 15.1.2 9(B), the
				board will send a consent form and a copy of the request to the relevant
				applicant or licensee. The applicant or licensee must return the consent form
				to the board indicating the applicant's or licensee's consent or refusal to
				consent to disclosure of all or part of the requested information. Failure of
				the licensee or applicant to return the consent form within 10 working days of
				the date mailed by the board to the applicant or licensee will be deemed
				refusal of consent to the disclosure of the requested information.
E. The applicant's or licensee's refusal to
				consent to disclosure of the requested information is final and precludes the
				board from disclosing the requested information, except upon court order as set
				forth in Section
				60-2E-42
				of the act.
F. If the disclosure
				request is approved by the applicant or licensee, the board will permit
				inspection of the requested material as soon as practicable but in no event
				later than three days after the date approval of the disclosure was received.
				Before permitting inspection, the board will redact any information that
				reveals financial institution account numbers, social security numbers, and any
				other information protected from disclosure by state or federal law. The board
				may charge a reasonable fee for copying any of the documents subject to the
				request.
G. Any person may, at any
				time, seek a court order for release of the requested information pursuant to
				Section
				60-2E-42
				of the act.
H. The board, upon its
				own motion, may seek the release of confidential information by following the
				procedures outlined in this section and all its subparts.
I. That information described as
				nonconfidential in Subsection 15.1.2.8(B) and in Section 15.1.2.10 is not
				subject to the disclosure procedures described in this rule.