Chapter 14 — Chapter 14

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 m…

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.

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 t…

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.

listing by state records administrator. The state records administrator shall maintain a file of all state publications which are for sale or issue by agencies of the state. He shall prepare and publish a list of all such publications which are current and effective. The list sha…

officials; placing in state archives by the state records administrator.] The state records administrator may accept and place in the state archives the personal files, records and documents of elected state officials or of former elected state officials, subject to any reasonabl…

As used in the State Rules Act: A. "agency" means any agency, board, commission, department, institution or officer of the state government except the judicial and legislative branches of the state government; B. "person" includes individuals, associations, partnerships, companie…

A. Each agency promulgating any rule shall place the rule in the format and style required by rule of the state records administrator and shall deliver the rule to the state records administrator or the administrator's designee, accompanied by the concise explanatory statement re…

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…

compliance required for validity. A. Except in the case of an emergency rule, no rule shall be valid or enforceable until it is published in the New Mexico register as provided by the State Rules Act. B. An agency shall not adopt a rule until the public comment period has ended. …

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, o…

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…

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 electro…

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…

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 o…

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…

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 …

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 …

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 Com…

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 th…

A. The state records administrator shall provide for publication of a New Mexico register at least twice a month. The New Mexico register shall be published in such a way as to minimize the cost to the state. To accomplish this, the state records administrator is authorized to pr…

A. The state records administrator shall create and have published a New Mexico Administrative Code, which shall contain all adopted rules. The administrator shall adopt regulations setting forth procedures for the compilation of the code and prescribing the format and structure …

The state librarian may by appropriate written instructions advise the records center that he no longer desires a particular class of instrument to be filed with the state library and thereafter such records center shall no longer file such class of documents with the state libra…

publications.] Wherever any law requires an agency to file a rule, pamphlet, document or publication with the librarian of the supreme court law library such shall be accomplished by the delivery and filing as provided in the State Rules Act. History: 1953 Comp., § 71-7-10, enact…

This act [14-4A-1 to 14-4A-6 NMSA 1978] may be cited as the "Small Business Regulatory Relief Act". History: Laws 2005, ch. 244, § 1.

The legislature finds that: A. a vibrant and growing small business sector is critical to creating jobs in a dynamic economy; B. small businesses bear a disproportionate share of regulatory costs and burdens; C. fundamental changes that are needed in the regulatory culture of sta…

As used in the Small Business Regulatory Relief Act: A. "agency" means every department, agency, board, commission, committee or institution of the executive branch of state government; B. "commission" means the small business regulatory advisory commission; C. "proposed rule" me…

A. Prior to the adoption of a proposed rule that may have an adverse effect on small business, an agency shall provide a copy of the proposed rule to the commission at the same time as persons who have requested advance notice of rulemaking. B. Prior to the adoption of a proposed…

membership; powers and duties. A. The "small business regulatory advisory commission" is created. The commission shall consist of nine members who are current or former small business owners, five appointed by the governor and two each appointed by the speaker of the house of rep…

A. By July 1, 2010, each agency shall have reviewed all of its rules that existed on the effective date of the Small Business Regulatory Relief Act to determine whether the rules should be continued without change or should be amended or repealed to minimize the economic impact o…

This act [14-5-1 to 14-5-10 NMSA 1978] may be cited as the "Public Records Recovery Act". History: 1953 Comp., § 71-8-1, enacted by Laws 1973, ch. 270, § 1.

The remedies provided in this act [14-5-1 to 14-5-10 NMSA 1978] are in addition to and not in lieu of any remedies contained in Section 14-3-16 NMSA 1978 or any other statute relating to the recovery of public records. History: 1953 Comp., § 71-8-10, enacted by Laws 1973, ch. 270…

As used in the Public Records Recovery Act: A. "public officer" means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state, who is the offic…

Any public officer is authorized to recover public records and to duplicate copies of them in the possession of any private party. History: 1953 Comp., § 71-8-3, enacted by Laws 1973, ch. 270, § 3.

Upon determining that a particular public record is not in the hands of the official custodian of such record and upon forming a reasonable belief that those records or copies of them are in the possession of a private party or parties, the public officer shall send a postage pre…

If the recipient of the public officer's letter complies with the demand and produces the document or documents, the public officer: A. shall determine if the document produced is a missing record or a copy of a missing record; and B. then shall duplicate the document and return …

If within thirty days of the receipt of the letter, the recipient fails to appear or fails to produce the requested document or documents without showing cause, the public officer making the demand shall apply to the district court in the judicial district where the documents are…

If the district court finds that the petition of the public officer is true and that the named document or documents are in the possession of the named party or parties, the court shall order that the document or documents be turned over for recovery or duplication as required in…

Records recovered by any public officer or duplicated by the public officer pursuant to the Public Records Recovery Act shall immediately be returned to the official custodian entitled to possession of the record. Prior to replacing the recovered documents, the public officer sha…

Nothing in the Public Records Recovery Act shall be construed to enlarge the rights of a person claiming an interest in real property under a document recovered under the terms of that act, or to make any conclusive presumptions as to the authenticity of the recovered documents. …

for furnishing. A. All health information that relates to and identifies specific individuals as patients is strictly confidential and shall not be a matter of public record or accessible to the public even though the information is in the custody of or contained in the records o…

A. Unless provided otherwise in this section, a hospital shall retain and preserve all records directly relating to the care and treatment of a patient for a period of ten years following the last discharge of the patient. Retention and preservation of such records in microfilm o…

benefits; violations. A. Within thirty days of receiving a request from a patient or former patient who is applying for benefits based on social security disability or who is appealing a denial of such benefits or from an authorized representative of such a patient or former pati…

financial institutions. A. At least seven days prior to a state agency, board or commission requesting or gaining access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other s…

prior to access to a financial institution's records. A. Prior to a state agency, board or commission receiving access to or copies of the records of a person, corporation, company or organization maintained by a bank, savings and loan association, small loan company or other sim…

The county clerks of the different counties of this state shall be ex officio recorders in their respective counties. History: Laws 1855-1856, p. 18, § 1; C.L. 1865, ch. 88, § 1; C.L. 1884, § 429; C.L. 1897, § 776; Code 1915, § 4779; C.S. 1929, § 118-101; 1941 Comp., § 13-101; 19…

For failure to comply with the responsibilities and duties in Chapter 14, Article 8 NMSA 1978, each county clerk is responsible on the clerk's official bond for damages suffered by the injured party. History: Laws 1855-1856, p. 18, § 5; C.L. 1865, ch. 88, § 5; C.L. 1884, § 433; C…

History: Laws 1939, ch. 179, § 1; 1941 Comp., § 13-109; 1953 Comp., § 71-1-9; 1978 Comp., § 14-8-11, repealed by Laws 2011, ch. 134, § 24.

History: Laws 1939, ch. 179, § 2; 1941 Comp., § 13-110; Laws 1941, ch. 22, § 1; 1953 Comp., § 71-1-10; Laws 1953, ch. 51, § 1; 1955, ch. 213, § 1; 1957, ch. 95, § 1; 1959, ch. 253, § 2; 1977, ch. 179, § 5; 1979, ch. 185, § 1; 1980, ch. 48, § 1; 1985, ch. 122, § 1; 1978 Comp., § 1…

Any instrument received for recording after June 16, 1977 and before the effective date of this act and which would have been validly filed but for the provisions of Laws 1979, Chapter 185, Section 1, Subsection D or Laws 1977, Chapter 179, Section 5, Subsection D shall be conclu…