Upon completion of an inspection or survey of the public records of any agency by the administrator, or at the request of the commission or the head of any agency, the administrator, attorney general and the agency official in charge of the records of that agency shall together make a determination as to whether:
A. the records shall be retained in the custody of the agency;
B. the records shall be transferred to the records center; or
C. a recommendation for destruction of the records shall be made to the commission.
If it is determined that the records are to be transferred to the records center, they shall be within a reasonable time so transferred. A list of the records so transferred shall be retained in the files of the agency from which the records were transferred.
Public records in the custody of the administrator may be transferred or destroyed only upon order of the commission.
History: 1953 Comp., § 71-6-9, enacted by Laws 1959, ch. 245, § 9.
County officials are not required to comply with specific terms of 14-3-9 through 14-3-11 NMSA 1978, when they destroy the records kept by them. 1979 Op. Att'y Gen. No. 79-16.
Disposition of official's records upon expiration of term. — After his term of office has expired, an elected state official may not dispose of his official public records in any manner other than that prescribed by the New Mexico commission of public records. 1969 Op. Att'y Gen. No. 69-139.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Section 14-3-3 - State commission of public records; creation.
Section 14-3-4 - Duties and powers of commission.
Section 14-3-5 - Gifts, donations and loans.
Section 14-3-6 - Administrator; duties.
Section 14-3-7 - Inspection and survey of public records.
Section 14-3-7.1 - Access to confidential records.
Section 14-3-8 - Records center.
Section 14-3-8.1 - Records center revolving fund; created; revenues from sales deposited in fund.
Section 14-3-9 - Disposition of public records.
Section 14-3-10 - Disagreement as to value of records.
Section 14-3-11 - Destruction of records.
Section 14-3-12 - Transfer of records upon termination of state agencies.
Section 14-3-13 - Protection of records.
Section 14-3-14 - Advisory groups.
Section 14-3-15 - Reproduction on film; evidence; review, inventory and approval of systems.
Section 14-3-15.2 - Electronic authentication; substitution for signature.
Section 14-3-16 - Attorney general may replevin state records.
Section 14-3-17 - Approval of existing state agency systems.
Section 14-3-20 - Interstate compacts; filing; index.
Section 14-3-22 - Public policy on certain publications; state commission of public records duties.