Welcome to MuckRock's New Mexico Inspection of Public Records Act appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about New Mexico's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
There is no legal basis for an agency being completely unresponsive.
Example Appeals
New Mexico Inspection of Public Records Act 14-2-8 NMSA 1978 (d) specifically requires that an agency provide a response to a public records request within 15 business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the New Mexico Inspection of Public Records Act. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has 15 business days to respond to the initial request.
Improper Use
According to the New Mexico Inspection of Public Records Act “A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request. If the inspection is not permitted within three business days, the custodian shall explain in writing when the records will be available for inspection or when the public body will respond to the request. The three-day period shall not begin until the written request is delivered to the office of the custodian.”