N.M. Admin. Code § 15.1.2.9 - REQUESTS FOR DISCLOSURE OF CONFIDENTIAL INFORMATION

A. Nothing in this rule may be construed as requiring the board to create any document or compilation of any confidential information for the purpose of responding to a request for disclosure.

B. Any person seeking access to confidential information in the board's possession may file a request for disclosure by the board. The request must be in writing, must state the purpose of the request and the proposed use of the information, and must be sufficient to adequately identify and limit the documents or information sought. A separate request must be filed for each applicant or licensee about whom information is sought. The procedure for requesting confidential information described herein does not apply to information subject to disclosure pursuant to the Inspection of Public Records Act, Section 14-2-1 et seq NMSA.

C. Within 10 working days of receipt of the request, the board will make a preliminary assessment whether the request satisfies the requirements of Subsection B of 15.1.2 9 NMAC. If the request fails to satisfy the requirements of Subsection B of 15.1.2 9 NMAC, the board will deny the request on the basis of the deficiencies and will return the request to the person seeking the information with an explanation of the deficiencies. No further action will be required of the board.

D. Within 15 working days of receipt of the request, if the request meets the requirements of Subsection B of 15.1.2 9 NMAC, the board will send a consent form and a copy of the request to the relevant applicant or licensee. The applicant or licensee must return the consent form to the board indicating the applicant's or licensee's consent or refusal to consent to disclosure of all or part of the requested information. Failure of the licensee or applicant to return the consent form within 10 working days of the date mailed by the board to the applicant or licensee will be deemed refusal of consent to the disclosure of the requested information.

E. The applicant's or licensee's refusal to consent to disclosure of the requested information is final and precludes the board from disclosing the requested information, except upon court order as set forth in Section 60-2E-42 NMSA 1978 of the act.

F. If the disclosure request is approved by the applicant or licensee, the board will permit inspection of the requested material as soon as practicable but in no event later than three days after the date approval of the disclosure was received. Before permitting inspection, the board will redact any information that reveals financial institution account numbers, social security numbers, and any other information protected from disclosure by state or federal law. The board may charge a reasonable fee for copying any of the documents subject to the request.

G. Any person may, at any time, seek a court order for release of the requested information pursuant to Section 60-2E-42 NMSA 1978 of the act.

H. The board, upon its own motion, may seek the release of confidential information by following the procedures outlined in this section and all its subparts.

I. That information described as non-confidential in Subsection B of 15.1.2.8 NMAC and in 15.1.2.10 NMAC is not subject to the disclosure procedures described in this rule.

Notes

N.M. Admin. Code § 15.1.2.9

11/30/98; 15.1.2.9 NMAC - Rn, 15 NMAC 1.2.9, 1/31/02; A, 5/14/04, Adopted by New Mexico Register, Volume XXXVI, Issue 03, February 11, 2025, eff. 2/11/2025