STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT No. D-0101-MS-2013-5 IN THE MATTER OF THE NEW MEXICO HUMAN SERVICES DEPARTMENT'S FISCAL YEAR 2013 FINANCIAL AUDIT STIPULATED ORDER REGARDING SUBPOENA This matter came before the Court upon unopposed motion to intervene and maintain the confidentiality of the document sought by Petitioner's subpoena to the New Mexico Human Services Department issued in the above-captioned matter (more specifically, the "PCG Report"). Having considered the motion, the Court finds that it is well taken and should be granted. Accordingly it is hereby ORDERED that the PCG Report shall be produced by the New Mexico Human Services Department (HSD) in response to the State Auditor's subpoena, and that the State Auditor shall maintain the confidentiality of the PCG Report in accordance with the release restrictions imposed on the State Auditor and its agents by New Mexico law, Generally Accepted Government Auditing Standards (GAGAS), and professional standards of conduct of the American Institute of Certified Public Accountants (AICPA). The State Auditor shall adhere to these laws and standards as they apply to the disclosure of the contents of the subpoenaed PCG Report. The HSD shall cooperate fully with the State Auditor and his approved Independent Public Accountant (serving as agent of the State Auditor), in the conduct of HSD's FY13 audit, including providing access to supporting data and documentation that formed the basis for the PCG Report and its conclusions. The confidentiality limitations imposed by this Order do not in any way limit the State Auditor and his agent(s) from fulfilling audit duties under the New Mexico Audit Act, NMSA 1978, ?? 12-6-1, et seq., the New Mexico Audit Rule, NMAC ?? 2.2.2.1, et seq., and federal law and audit standards, including but not necessarily limited to, The Single Audit Act of 1984 as amended, OMB Circular 133 along with annual compliance updates, and OMB Circular Compliance Supplement and Government Auditing Standards. IT IS SO ORDERED. ________________________________ HONORABLE SARAH M. SINGLETON Submitted by: /s/ Scott Fuqua Scott Fuqua Director, Litigation Division NM Office of the Attorney General 408 Galisteo St. Santa Fe, NM 87501-2645 (505) 827-6920 Approved by: /s/ Raymond Mensack (Telephonic Approval 07/25/2013) Raymond Mensack General Counsel NM Human Services Department 2009 S. Pacheco St. Santa Fe, NM 87505-5437 (505) 827-7701 /s/ James A. Noel (Telephonic Approval 07/25/2013) James A. Noel General Counsel Office of the NM State Auditor 2540 Camino Edward Ortiz Suite A Santa Fe, NM 87507 (505) 476-3800