Open Records

New Mexico’s public records law is the Inspection of Public Records Act (IPRA), NMSA 1978 §§ 14-2-1 et seq. It gives the public and media broad access to public records held by New Mexico governmental entities, and requires every agency to post a “Notice of Right to Inspect Public Records” describing its own procedures.

Who can request records

Any person may request records – residents, businesses, journalists, advocacy groups, or people outside the state. Requests can be made orally or in writing, though the Act’s formal procedures and penalties apply only to written requests.

What’s covered

Public records are broadly defined as all documents, papers, letters, books, maps, tapes, photographs, recordings, and other materials, regardless of physical form, that are used, created, received, maintained, or held by or on behalf of a public body and relate to public business – whether or not the law otherwise requires them to be created or kept.

How to request

A written request must include the requester’s name, address (or email), and telephone number, and describe the records sought in enough detail for the custodian to identify and locate them. IPRA doesn’t require an agency to create a new record that doesn’t already exist.

Response timeline

The custodian must permit inspection immediately or as soon as practicable, but no later than 15 calendar days after receiving the request. If inspection isn’t possible within 3 business days, the requester gets a written response explaining when the records will be available. If any records are ultimately denied, the written denial (with reasons) must be delivered or mailed within that same 15-calendar-day window.

Fees

– No fee for records produced electronically. – Physical copies: commonly $0.25-$1.00 per page depending on the agency and document size (rates vary – some agencies charge $0.25/page, others up to $1.00 for larger formats). – Flash drives/storage media: actual cost, often around $10. – Staff time for downloading/scanning to media can be charged at the employee’s hourly rate (e.g., $20/hour employee, 30 minutes of work = $10 charge). – No fee is charged just to determine whether a record is subject to disclosure. – Agencies may require advance payment before producing copies.

Exemptions

Common exemptions include letters or memoranda that are matters of opinion in personnel or student files, confidential materials of historical/educational value with donor-imposed access restrictions, discussions of license issuance/suspension/revocation, individual personnel matters, matters under attorney-client privilege for threatened or pending litigation, and several others enumerated in the statute.

If your request is denied

The written denial must state the specific reasons access was refused. New Mexico also recognizes a common-law right to inspect and copy public records that exists independently of the statute, giving requesters an additional avenue where IPRA itself might not directly apply.

A note on terminology

New Mexico’s law is officially the “Inspection of Public Records Act” (IPRA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).