New Mexico § 60-3A-8.1 - Investigative authority and powers

§ 60-3A-8.1. Investigative authority and powers

A. For the purpose of enforcing the provisions of the Liquor Control Act, the director

is authorized to examine and to require the production of pertinent records, books,

information or evidence, to require the presence of any person and to require the

person to testify under oath concerning the subject matter of the inquiry and to make

a permanent record of the proceedings. B. The director is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date

of service. C. Any subpoena issued by the director shall state with reasonable certainty the nature

of the evidence required to be produced, the time and place of the hearing, the nature

of the inquiry or investigation and the consequences of failure to obey the subpoena,

and shall bear the seal of the department and be attested to by the director. D. After service of a subpoena upon a person, if the person neglects or refuses to

appear or produce records or other evidence in response to the subpoena or neglects

or refuses to give testimony, as required, the director may invoke the aid of the

New Mexico district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear

and testify or produce the person's books or records and may, upon failure of the

person to comply with the order, punish the person for contempt. E. The director may exchange identification records and information with law enforcement

agencies for official use. Identification records received from the United States department of justice, including

identification records based on fingerprints, shall be used only to effectuate the

licensing purposes and provisions of the Liquor Control Act. The department shall not disseminate such information except to other law enforcement

agencies for official use only. F. For the purposes of this section, “ director ” means the director of the alcohol and gaming division of the regulation and licensing

department.