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 applicant or licensee.
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 who fails to provide discovery or to comply with a subpoena.
History: 1953 Comp., § 67-26-9, enacted by Laws 1957, ch. 247, § 9; 1981, ch. 349, § 8.
Administrative body has only the authority given it by law. In re Willoughby, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498.
Granting continuance to allow discovery. — This section allows the board to grant a prehearing continuance to assure that the licensee obtains full and complete discovery. Molina v. McQuinn, 1988-NMSC-060, 107 N.M. 384, 758 P.2d 798.
Law reviews. — For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51.
53 C.J.S. Licenses §§ 43, 58, 59.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-1-3 - Opportunity for licensee or applicant to have hearing.
Section 61-1-3.1 - Limitations.
Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.
Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.
Section 61-1-3.4 - Fingerprints not required for license renewal.
Section 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing.
Section 61-1-5 - Method of service.
Section 61-1-6 - Venue of hearing.
Section 61-1-8 - Rights of person entitled to hearing.
Section 61-1-9 - Powers of board or hearing officer in connection with hearings.
Section 61-1-10 - Enforcement of board orders and contempt procedure.
Section 61-1-11 - Rules of evidence.
Section 61-1-14 - Service of decision.
Section 61-1-15 - Procedure where person fails to request or appear for hearing.
Section 61-1-16 - Contents of decision.
Section 61-1-17 - Petition for review.
Section 61-1-21 - Power of board to reopen the case.
Section 61-1-24 - Power of board to seek injunctive relief.
Section 61-1-25 - Declaratory judgment.
Section 61-1-27 - Amending and repealing.
Section 61-1-28 - Purpose of act; liberal interpretation.
Section 61-1-29 - Adoption of regulations; notice and hearing.
Section 61-1-30 - Emergency regulations; appeal.
Section 61-1-31 - Validity of regulation; judicial review.
Section 61-1-31.1 - Expedited licensure; issuance.
Section 61-1-32 - Petition for adoption, amendment or repeal of regulations.
Section 61-1-33 - Declaratory rulings.
Section 61-1-35 - Occupational or professional licenses and certification; qualification.
Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.