New Mexico Statutes
Article 22 - Escrow Companies
Section 58-22-28 - Subpoenas, oaths and examinations of witness; penalty.

A. In the conduct of any examination, investigation or hearing, the director may:
(1) compel the attendance of any person or obtain any documents by subpoena;
(2) administer oaths; and
(3) examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of the Escrow Company Act and in connection therewith require the production of any books, records or papers relevant to the inquiry.
B. Where any person has refused to obey a subpoena issued to the director, the district court of the first judicial district of Santa Fe county or other district court having proper venue, upon application by the director, may issue to the person an order requiring him to appear before the director or the staff member designated by the director, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.
History: Laws 1983, ch. 135, ยง 28.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 58 - Financial Institutions and Regulations

Article 22 - Escrow Companies

Section 58-22-1 - Short title.

Section 58-22-2 - Purpose.

Section 58-22-3 - Definitions.

Section 58-22-4 - Exempt persons and transactions.

Section 58-22-5 - Exemption or exception; burden of proof.

Section 58-22-6 - Director; duties and powers.

Section 58-22-7 - License required.

Section 58-22-8 - Application for license.

Section 58-22-9 - Annual renewal of license.

Section 58-22-10 - Surety bond required.

Section 58-22-11 - Repealed.

Section 58-22-12 - Issuance of license.

Section 58-22-13 - Action on bond; limitation.

Section 58-22-14 - New bond required; effect of failure to file new bond.

Section 58-22-15 - Grounds for denying a license.

Section 58-22-16 - Transferability.

Section 58-22-17 - Keeping of records; examination.

Section 58-22-18 - Statement of account.

Section 58-22-19 - Division documents exception to Inspection of Public Records Act.

Section 58-22-20 - Bank deposit required; maintenance of trust accounts.

Section 58-22-21 - Attachment.

Section 58-22-21.1 - Suit to recover trust funds; attorney's fees authorized.

Section 58-22-22 - Removal.

Section 58-22-23 - Additional business office locations.

Section 58-22-24 - Fees.

Section 58-22-25 - Limit on fees for servicing loans or contracts of sale.

Section 58-22-26 - Unauthorized business practices.

Section 58-22-26.1 - Right to rely upon written instructions; conflicting demands upon escrow agent; right to interplead; custody of documents; attorney's fees authorized.

Section 58-22-27 - Investigations by director; desist order; injunctions; fees.

Section 58-22-28 - Subpoenas, oaths and examinations of witness; penalty.

Section 58-22-28.1 - Violation of the Escrow Company Act; penalty.

Section 58-22-29 - Review of order of director.

Section 58-22-30 - Exemption from authority of superintendent of regulation and licensing.

Section 58-22-31 - Effect on persons currently engaged in escrow company business.

Section 58-22-32 - Status of preexisting escrows.

Section 58-22-33 - No impairment of other remedies.