N.M. Admin. Code § 7.1.3.17

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

Section 7.1.3.17 - EXCESSIVELY BURDENSOME OR BROAD REQUESTS

A written request for inspection may be determined by the custodian to be excessively burdensome or broad. An additional reasonable period of time is allowed to comply with such requests determined by the custodian to be excessively burdensome or broad. The length of this additional time is determined based upon whether negotiation occurs. A fifteen-day additional period is available to the custodian, without negotiation, upon written notification to the requester. A post-negotiation reasonable period of time is available to the custodian and is determined based on discussions with the requester.

A. The custodian shall provide written notification to the requester within fifteen days of the custodian's receipt of the written request. The notification must state that additional time will be needed to respond because the request is determined to be excessively burdensome or broad. This notification is required whether the custodian relies upon the "no negotiation" provision (fifteen days) of section 17.2 [now Subsection B of 7.1.3.17 NMAC], or the "negotiation" (reasonable time) provision of section 17.3 [now Subsection C of 7.1.3.17 NMAC]. The custodian may use this notification as an opportunity to confirm any negotiated agreement providing additional time or any agreement that modifies the request.

B. The "no negotiation" additional period of time allowed to respond to a request determined to be excessively burdensome or broad, without negotiation, shall not exceed fifteen (15) days.

C. The "negotiation" additional period of time is that period of additional time agreed to by the custodian and the requesting person, or, in the event no agreement is reached, as determined to be reasonable by the custodian after at least one good faith effort to negotiate with the person making the request. The custodian, as part of the good faith effort to negotiate, should describe the circumstances that cause the request to be excessively burdensome or broad, and suggest possible modifications to the request that would decrease the burdensome or broad nature of the request on the department, and should suggest an additional reasonable amount of time for responding to the request.

N.M. Admin. Code § 7.1.3.17

10/31/96; Recompiled 10/31/01