New Mexico Administrative Code
Title 7 - HEALTH
Chapter 1 - HEALTH GENERAL PROVISIONS
Part 3 - HEALTH RECORDS
Section 7.1.3.18 - DENIED REQUESTS; PROCEDURE

Universal Citation: 7 NM Admin Code 7.1.3.18

Current through Register Vol. 35, No. 18, September 24, 2024

A written request for inspection may be denied by written response from the custodian. A written request for inspection also may be deemed denied, except in cases where a written request for inspection of public records determined to be excessively burdensome or broad, if inspection has not been permitted within fifteen days of receipt by the custodian.

A. When responding to deny a request for inspection, the custodian shall provide the requester with a written explanation of the denial. The written denial shall:

(1) provide a description of the records sought;

(2) provide 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.

B. If the custodian does not deliver or mail a written explanation or denial within fifteen days after receipt of a written request for inspection, the requesting party may bring an enforcement action against the custodian in accordance with the provisions of the Inspection of Public Records Act.

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