3) Response time

Topic Progress:

After receiving a request for public records, a custodian shall permit inspection immediately or as soon as is practicable under the circumstances, but in no event later than 15 days after receiving the IPRA. If inspection is not permitted within three business days, the custodian shall explain in writing when the records will be available for inspection or when the public body will respond to the request. NMSA 1978 § 14-2-8-D

 

Note that the standard response time is “immediate” not 15 days. A number of public bodies believe that upon receiving an IPRA request, the custodian should send out a “three-day notice” which notifies the requester that the documents will be available for inspection within 15 days, even if the documents are readily available. This procedure does not comply with IPRA.