The commission operates in compliance with the Inspection of
Public Records Act, NMSA 1978 Sections
14-2-1 through
14-2-12. The commission's
administrator is the custodian of the commission's records. The commission may
provide copies of public records upon request and upon payment of a reasonable
copying fee. No person shall remove commission documents from the commission
office. The commission maintains files for all applicants. Information in the
applicant's file is a matter of public record except for the following:
A. medical reports, records of chemical
dependency, physical or mental examinations;
B. complaints, and investigative files
obtained during the course of an investigation or processing of a complaint,
and before the vote of the commission as to whether to dismiss the complaint or
to issue a notice of contemplated action as provided in the Uniform Licensing
Act, NMSA 1978, Section
61-1-1 et seq., and in order to
preserve the integrity of the investigation of the complaints, records and
documents that reveal confidential sources, methods, information or licensees
accused, but not yet charged with a violation, such records shall include
evidence in any form received or compiled in connection with any such
investigation of the complaint or of the licensee by or on behalf of the
commission by any investigating agent or agency; upon the completion of the
investigation or processing of the complaint, AND upon the decision of the
commission to dismiss the complaint or to issue a notice of contemplated
action, the confidentiality privilege shall dissolve, and the records,
documents or other evidence pertaining to the complaint and to the
investigation of the complaint shall be available for public inspection;
and
C. any other records excepted
from disclosure pursuant to the Inspection of Public Records Act.
