us-nm/stat
NMSA 1978, § 7-8A-20 — Requests for reports and examination of records
(a)
The administrator may require a person who has not filed a report, or a person
whom the administrator believes has filed an inaccurate, incomplete or false report, to
file a verified report in a form specified by the administrator. The report must state
whether the person is holding property reportable under the Uniform Unclaimed
Property Act (1995), describe property not previously reported or as to which the
administrator has made inquiry, and specifically identify and state the amounts of
property that may be in issue.
(b)
The administrator, at reasonable times and upon reasonable notice, may
examine the records of any person to determine whether the person has complied with
the Uniform Unclaimed Property Act (1995). The administrator may conduct the
examination even if the person believes it is not in possession of any property that must
be reported, paid or delivered under the Uniform Unclaimed Property Act (1995). The
administrator may contract with any other person to conduct the examination on behalf
of the administrator.
(c)
The administrator at reasonable times may examine the records of an agent,
including a dividend disbursing agent or transfer agent, of a business association or
financial association that is the holder of property presumed abandoned if the
administrator has given the notice required by Subsection (b) of this section to both the
association or organization and the agent at least ninety days before the examination.
(d)
Documents and working papers obtained or compiled by the administrator, or the
administrator's agents, employees or designated representatives, in the course of
conducting an examination are confidential and are not public records, but the
documents and papers may be:
(1) used by the administrator in the course of an action to collect unclaimed
property or otherwise enforce the Uniform Unclaimed Property Act (1995);
(2) used in joint examinations conducted with or pursuant to an agreement
with another state, the federal government, or any other governmental subdivision,
agency or instrumentality;
(3) produced pursuant to subpoena or court order; or
(4) disclosed to the abandoned property office of another state for that state's
use in circumstances equivalent to those described in this subsection, if the other state
is bound to keep the documents and papers confidential.
(e)
If an examination of the records of a person results in the disclosure of property
reportable under the Uniform Unclaimed Property Act (1995), the administrator may
assess the cost of the examination against the holder at the rate of two hundred dollars
($200) a day for each examiner, or a greater amount that is reasonable and was
incurred, but the assessment may not exceed the value of the property found to be
reportable. The cost of an examination made pursuant to Subsection (c) of this section
may be assessed only against the business association or financial organization.
(f)
If, after the effective date of the Uniform Unclaimed Property Act (1995), a holder
does not maintain the records required by Section 21 [7-8A-21 NMSA 1978] of that act
and the records of the holder available for the periods subject to that act are insufficient
to permit the preparation of a report, the administrator may require the holder to report
and pay to the administrator the amount the administrator reasonably estimates, on the
basis of any available records of the holder or by any other reasonable method of
estimation, should have been but was not reported.
Source: official text