N.M. Admin. Code § 11.3.100.106

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS

A. The Public Records Act permits the inspection of public records of this state "except as otherwise provided by law," Paragraph (8) of Subsection A of Section 14-2-1 NMSA 1978. Section 51-1-32 NMSA 1978 requires that "information obtained from employers, employing units or claimants pursuant to the administration of the Unemployment Compensation Law and determinations as to the benefit rights of any claimant are confidential and shall not be open to inspection in any manner revealing the claimant's employer's or employing unit's identity except that such information may be made available to those designated persons and agencies, and for the purposes specified in regulations issued by the secretary."

B. The department's files and records, including but not limited to investigation reports, statements, memoranda, correspondence or other data, regardless of the media on which stored, pertaining to matters under consideration or scheduled for hearing, other departmental proceeding or judicial appeal shall be available for inspection and copying, at any reasonable time by the employing unit or individual who is a party to any proceeding before the department.

C. The contents of the department's files and records shall not be released to any person except the employers, employing units or claimants to whom the file or record pertains or the employers', employing units' or claimants 'authorized representative, and then, only upon a signed, written release, court order, grand jury subpoena or search warrant. Except in instances of court orders, grand jury subpoenas and search warrants, if more than one party is named in the file or record sought, both parties must sign a consent to the release of the file or record if it is sought for any purpose other than a proceeding before the department.

D. With the consent and approval of the secretary and upon advice of the department's general counsel, the contents of the department's files and records may be released to law enforcement agencies for the purpose of criminal investigations and child support proceedings.

E. From time to time, the department may enter into agreements to exchange information with other government agencies and with non-government providers of public assistance, which agreements may provide for the exchange of information otherwise confidential under Section 51-1-32 NMSA 1978. The conveyance of this information is for the purpose of obtaining information necessary for the department to provide services to its customers or so that other agencies can provide public assistance benefits to the individuals about whom the information pertains. In such instances, every reasonable effort shall be made to maintain the confidentiality of the information exchanged.

F. Unless otherwise provided by statute or a written agreement provided in Subsection E of 11.3.100.106 NMAC, the department shall charge the indicated fees for copies of department files and records:

(1) CD or DVD disc, $5.00 per disc;

(2) printed paper copies, $1.00 of first page of file or request; 50 cents per page thereafter up to 100 copies; 25 cents all copies thereafter within the same file or request;

(3) staff research time, $20.00 per hour for all time in excess of one hour spent in locating or reviewing a file prior to copying;

(4) employment or income verification, whether or not copies are requested, $6.00; and

(5) any other request shall be charged at a reasonable rate for the equipment, staff and other resources used to provide the copies.

N.M. Admin. Code § 11.3.100.106

11.3.100.106 NMAC - N, 01-01-2003; 11.3.100.106 NMAC - Rn & A, 11.3.100.109 NMAC, 11-15-2012, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019