The Inspection of Public Records Act (IPRA) is designed to ensure that government agencies in New Mexico respond promptly to requests for public records. But what happens if your request is simply ignored? The law anticipates this problem and provides remedies to protect your right to access information.
Under Section 14‑2‑10 of the New Mexico Statutes, every person has the right to inspect public records, and agencies are legally obligated to respond within the statutory deadlines. An agency may obtain additional time if it determines that a request is “excessively burdensome or broad,” but it must provide written notification of that determination within fifteen days of receiving the request. If an agency fails to acknowledge or act within these requirements, it is not just an inconvenience—it is a violation of the law, and a court can order compliance.
For clients, this is a critical point: you are not powerless if your request is met with silence. The law provides a clear path to enforcement. While many agencies comply with IPRA in good faith, those that do not can face real consequences. In practice, this often means that once litigation is threatened or filed, agencies quickly move to comply rather than risk penalties.
The takeaway is simple: if your IPRA request is ignored, you have options. You can remind the agency of its obligations, and if that fails, you can pursue enforcement through the courts. In a future post, we will explore what remedies are available in court to a requester who wins their case.
