After submitting your request

WHAT TO EXPECT

Sending your request is just the first step.

What happens next follows a timeline.

And the government must follow rules along the way.

After You Submit a Public Records Request ...

Within 3 Days

Under the law, records custodians are supposed to provide records “immediately.”
In practice, that means within 3 business days.

Most of the time, you won’t get your records that fast. Instead, you’ll get what’s often called a “three-day letter.”

This notice lets you know:

They received your request
They need more time (up to 15 days)
Or they need clarification

Almost everyone gets this notice. It’s normal.

Within 15 Days

The next response should come within 15 days. By that deadline, the records custodian should tell you one of the following:

Your records are ready
Some records are ready
There are no records
Your request is denied
They need more time
(aka burdensome and broad)

Your records are ready

Yippie! You’re all done

1

Some records are ready

There are a few reasons you might only get some of the records you requested:

They need more time to get the rest of the records. If this happens, ask the date the remainder will be ready.
The remaining records can’t be released because they are exempt. If this happens, ask which exception they are relying on.
The rest of the records don’t exist

This is sometimes called a "partial" record fulfillment

2

There are no records

You will get this response only after the custodian has done every possible search and found nothing related to the records you requested. This message will often contain the phrase “no responsive records.”

If you believe there actually are records, then rewrite your original IPRA request using a different way to describe what you need. If you have examples of the records you are looking for, send those as well.

3

Your request is denied

If your request is denied, the custodian should explain why by citing the specific law or exemption they are relying on. If you have questions about the denial, ask them politely. Don’t assume something nefarious is going on. Sometimes issues can be resolved quickly with polite questions.

4

They need more time

This is when you get the dreaded “excessively burdensome or broad” message.

It happens when a records custodian believes your request can’t be completed in 15 days.

This means they need more time.

And it means you will have to wait. Patiently. As best you can.

What counts as “too broad” can change depending on the request and the agency.

However, they cannot use “too broad” as an excuse to delay forever or avoid responding.

The takeaway: Big requests take more time, and the records department should communicate clearly, act reasonably, and keep working on your request. But the requester must act reasonably as well.

A request may be considered too large if it:

Covers a very large number of records
Spans many years
Involves many different people or departments
Is hard to search because the records are in different places
Includes many topics or is very general
Requires a lot of legal review before records can be released
Comes at a time when the agency has received many requests at once

5

What to do when your request is labeled "burdensome and broad"

If your request is deemed “burdensome and broad,” we suggest doing four things.

Unless they have already given it, ask what date you can expect to get the record or an update
Look over your request to see if it can be more specific. Can you narrow down what they should look for? Are there some records that can wait? You can always make a separate IPRA request for those. If you want to make changes to your IPRA request, message the records custodian to tell them you want to “amend” your request.
Ask for the records to be sent you in batches as they become available.
Be patient. Do not hound the records department demanding updates. Just wait.

If something feels off ...

If after making a records request:

You don’t get a response
Deadlines pass without explanation
Records are withheld without clear justification
It's been more than 3 months since you've been told your request is "burdensome and broad"

Follow up with the records department

Start by politely asking questions. Many issues can be cleared up quickly. Not every problem is intentional. Allow for human error — on both sides. Start by assuming there is a problem that you can fix.

1.

Contact our helpline

We help people navigate records requests every day.
📞 (505) 764-3750
📧 info@nmfog.org

File a complaint

You can file a complaint with the New Mexico Department of Justice.
They can investigate and, if needed, take legal action.

2.

3.

You have options

File a lawsuit

You have the right to enforce the law yourself in court.