N.M. Admin. Code § 16.2.1.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.2.1.9 - PUBLIC RECORDS

All records kept by the board shall be available for public inspection pursuant to the New Mexico Inspection of Public Records Act, Section 14-2-1, NMSA 1978, et seq., except as provided herein.

A. During the course of the processing and investigation of a complaint, and before the vote of the board as to whether to dismiss the complaint or to issue a notice of contemplated action as provided in the Uniform Licensing Act, Section 61-1-1, NMSA 1978, et seq., and in order to preserve the integrity of the investigation of the complaint, records and documents that reveal confidential sources, methods, information or licensees accused, but not charged yet with a violation of the act, shall be confidential and shall not be subject to public inspection. 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 board by any investigating agent or agency.

B. Upon the completion of the processing and investigation of the complaint, and upon the decision of the board to dismiss the complaint or to issue a notice of contemplated action, the confidentiality privilege conferred by Subsection A of 16.2.1.9 NMAC 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.

C. All tests and test questions by which applicants are tested shall not be available to public inspection, as there is a countervailing public policy requiring that such records remain confidential in order to ensure the integrity of a licensing exam intended to protect the public health, safety and welfare from incompetent practitioners.

D. The board or its administrator may charge a fee not to exceed one dollar per page for documents 11 inches by 17 inches or smaller in size for copying public records.

N.M. Admin. Code § 16.2.1.9

3-19-91...7-1-96; 16.2.1.9 NMAC - Rn & A, 16 NMAC 2.1.9, 8-13-01; A, 3-2-03; A, 11-28-09; A, 02-08-13, Adopted by New Mexico Register, Volume XXXIII, Issue 02, January 26, 2022, eff. 2/11/2022