What Happens If a Government Agency Ignores My Records Request?

You did everything right. You put your request in writing. You described the records you wanted. You sent it to the correct agency.

And then... nothing.

No acknowledgment. No records. No explanation. Just silence.

This is frustrating. Maybe even infuriating. You followed the rules, but the agency didn't.

Here's what you need to know: the law is on your side. New Mexico's Inspection of Public Records Act sets clear deadlines. When agencies miss them, you have options—including the ability to take them to court and recover penalties.



Let's walk through what to do.

The Short Answer

If a government agency doesn't respond to your records request within 15 days, the law treats your request as denied.  That means you can take legal action to enforce your rights. Courts can order the agency to produce the records and award penalties of up to $100 per day for unreasonable delays.

But before you head to court, there are steps you should take first.

What the Law Requires

IPRA sets specific deadlines for agencies. Understanding these helps you know when an agency has crossed the line.

Within 3 business days: If the agency can't provide records immediately, it must send you a written acknowledgment. This letter should explain when you can expect a response.

Within 15 calendar days: The agency must do one of three things:

• Provide the records you requested
• Explain in writing why it's withholding records (citing a specific legal exemption)
• Notify you that your request is "excessively burdensome" and will take additional time

These timelines aren’t arbitrary. They exist so citizens can review records before key government decisions are made. When agencies delay past IPRA’s deadlines, the harm isn’t just technical—it blocks meaningful public participation. We explain here, why IPRA timelines exist?

If neither happens: Your request is legally "deemed denied." You don't have to wait any longer. You can pursue enforcement.

What Counts as "Ignoring" Your Request?

Silence is the obvious case. But agencies ignore requests in other ways too.

No response at all. You never hear back. No acknowledgment, no records, nothing.

Late acknowledgment, then silence. They send the 3-day letter promising a response—then disappear.

Incomplete response. They send some records but clearly leave out documents that should exist. They never explain what's missing or why.

Vague denial without explanation. They say records are "exempt" but don't cite a specific law or describe what they're withholding.



All of these violate IPRA. An incomplete response is still non-compliance. The law requires agencies to either produce all non-exempt records or provide a proper written explanation for anything they withhold.

Why Agencies Go Silent

Understanding why this happens can help you respond effectively.

Understaffing. Many agencies assign IPRA duties to employees who already have full-time jobs. Your request lands on a desk that's already buried.

Disorganization. Some agencies track requests on spreadsheets—or don't track them at all. Requests get lost.

Hope you'll go away. Some agencies count on requesters giving up. If they delay long enough, many people do.

Disagreement with your request. Occasionally, someone at the agency doesn't want you to have the records. They may not have a legal basis to deny you, so they stall instead.

The reason doesn't change your rights. But it might change your approach.

In many cases, delayed or ignored requests aren’t accidents. They’re the result of deeper cultural and structural problems inside agencies—how leadership views transparency, how requests are staffed, and how records are tracked.

We’ve written in more detail about why agencies fail to comply with public records law and how that mindset leads to missed deadlines, lawsuits, and costly penalties.

What to Do First: Follow Up in Writing

Before escalating, give the agency a chance to fix the problem.

Send a follow-up email or letter. Keep it simple:

I submitted a public records request on [date] regarding [brief description]. I have not received a response. Please provide an update on the status of this request and the estimated completion date.

This does three things:

• Reminds them your request exists
• Creates a paper trail showing you followed up
• Gives them an opportunity to respond before you take further action

Wait a reasonable time for a reply—a week or two, depending on how long they've already delayed.

What to Do Next: Document Everything

If the agency continues to ignore you, your documentation becomes critical.

Save copies of:

• Your original request (with the date you sent it)
• Any acknowledgment letters
• All follow-up emails you sent
• Any responses, even partial ones
• Notes on phone calls (date, time, who you spoke with, what they said)



This paper trail matters if you end up in court. Judges want to see that you made a good-faith effort and that the agency failed to meet its obligations.

When a Request Is "Deemed Denied"

Here's the part that surprises most people: you don't have to wait forever.

Under IPRA, if an agency doesn't respond within 15 days, your request is automatically "deemed denied." You don't need the agency to formally reject you. Their silence is enough.

Once a request is deemed denied, you can file an enforcement action in district court. A judge can:

• Order the agency to produce the records
• Award you penalties of up to $100 per day for unreasonable failure to respond
• Require the agency to pay your attorney's fees and costs



The penalty clock can start running from the day the agency fell out of compliance. In cases of prolonged stonewalling, those daily penalties add up.

A Real Example: Changing Agency Behavior

Sometimes enforcement is the only thing that works.

One New Mexico attorney sent request after request to the state Parole Board—for hearing records, violation records, communications with the Department of Corrections. Over an entire year, the Board failed to produce records.

Eventually, the attorney filed suit. Even after the lawsuit was filed, the Board still didn't comply. The judge ruled in the requester's favor, and the daily penalties added up to hundreds of thousands of dollars.



After that, the Board changed its approach. It now processes requests quickly. That outcome didn't just help one requester—it improved transparency for everyone who deals with that agency.

When to Talk to a Lawyer

Not every ignored request requires legal help. Sometimes a firm follow-up letter gets results.

But consider talking to an attorney if:

• The agency has ignored you for weeks or months
• You've followed up multiple times with no response
• The records are time-sensitive (for example, related to a pending government decision)
• You suspect the agency is deliberately stonewalling
• The agency gave a denial that doesn't cite a valid legal exemption

An attorney with IPRA experience can send a demand letter that agencies take seriously. If that doesn't work, they can file an enforcement action and seek penalties on your behalf.

The Bottom Line

Government agencies don't get to ignore you. IPRA gives them deadlines. When they miss those deadlines, you have legal tools to hold them accountable.

Start by following up in writing. Document everything. If the silence continues, know that courts can and do order agencies to comply—and penalize them when they don't.

You have the right to these records. Don't let bureaucratic delay convince you otherwise.

At 505 Legal, we help people hold government agencies accountable when they fail to follow the law. If your records request has been ignored or improperly denied, we can help you understand your enforcement options—including the penalties agencies may face for noncompliance.

Written by Kenneth H. Stalter, Co-Founder, 505 Legal.