New Mexico § 14-2-11 - Procedure for denied requests

§ 14-2-11. Procedure for denied requests

A. Unless a written request has been determined to be excessively burdensome or broad,

a written request for inspection of public records that has not been permitted within

fifteen days of receipt by the office of the custodian may be deemed denied. The person requesting the public records may pursue the remedies provided in the

Inspection of Public Records Act. B. If a written request has been denied, the custodian shall provide the requester

with a written explanation of the denial. The written denial shall: (1) describe the records sought; (2) set forth the names and titles or positions of each person responsible for the

denial; and (3) be delivered or mailed to the person requesting the records within fifteen days

after the request for inspection was received. C. A custodian who does not deliver or mail a written explanation of denial within

fifteen days after receipt of a written request for inspection is subject to an action

to enforce the provisions of the Inspection of Public Records Act and the requester

may be awarded damages. Damages shall: (1) be awarded if the failure to provide a timely explanation of denial is determined

to be unreasonable; (2) not exceed one hundred dollars ($100) per day; (3) accrue from the day the public body is in noncompliance until a written denial

is issued; and (4) be payable from the funds of the public body.