New Mexico § 14-2-9 - Procedure for inspection

§ 14-2-9. Procedure for inspection

A. Requested public records containing information that is exempt and nonexempt from

disclosure shall be separated by the custodian prior to inspection, and the nonexempt

information shall be made available for inspection. If necessary to preserve the integrity of computer data or the confidentiality of

exempt information contained in a database, a partial printout of data containing

public records or information may be furnished in lieu of an entire database. Exempt information in an electronic document shall be removed along with the corresponding

metadata prior to disclosure by utilizing methods or redaction tools that prevent

the recovery of exempt information from a redacted electronic document. B. A custodian shall provide a copy of a public record in electronic format if the

public record is available in electronic format and an electronic copy is specifically

requested. However, a custodian is only required to provide the electronic record in the file

format in which it exists at the time of the request. C. A custodian: (1) may charge reasonable fees for copying the public records, unless a different

fee is otherwise prescribed by law; (2) shall not charge fees in excess of one dollar ($1.00) per printed page for documents

eleven inches by seventeen inches in size or smaller; (3) may charge the actual costs associated with downloading copies of public records

to a computer disk or storage device, including the actual cost of the computer disk

or storage device; (4) may charge the actual costs associated with transmitting copies of public records

by mail, electronic mail or facsimile; (5) may require advance payment of the fees before making copies of public records; (6) shall not charge a fee for the cost of determining whether any public record is

subject to disclosure; and (7) shall provide a receipt, upon request. D. Nothing in this section regarding the provision of public data in electronic format

shall limit the ability of the custodian to engage in the sale of data as authorized

by Sections 14-3-15.1 and 14-3-18 NMSA 1978 , including imposing reasonable restrictions on the use of the database and the payment

of a royalty or other consideration.