New Mexico § 61-1-9 - Powers of board or hearing officer in connection with hearings

§ 61-1-9. Powers of board or hearing officer in connection with hearings

A. In connection with any hearing held under the Uniform Licensing Act, the board

or hearing officer shall have power to have counsel to develop the case; to subpoena,

for purposes of discovery and of the hearing, witnesses and relevant books, papers,

documents and other evidence; to administer oaths or affirmations to witnesses called

to testify; to take testimony; to examine witnesses; and to direct a continuance

of any case. Boards or hearing officers may also hold conferences before or during the hearing

for the settlement or simplification of the issues, but such settlement or simplification

shall only be with the consent of the party. B. Geographical limits upon the subpoena power shall be the same as if the board or

hearing officer were a district court sitting at the location at which the hearing

or discovery proceeding is to take place. The method of service, including tendering of witness and mileage fees, shall be

the same as that under the Rules of Civil Procedure for the District Courts, except

that those rules requiring the tender of fees in advance shall not apply to the state. C. The board or hearing officer may impose any appropriate evidentiary sanction against

a party or other person who fails to provide discovery or to comply with a subpoena.