The commission or any commissioner or any party to the proceedings may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions, and any party as provided by law in civil actions may be required to answer written interrogatories propounded by the commission or any commissioner or any other party to the proceedings.
History: Laws 1941, ch. 84, § 59; 1941 Comp., § 72-810; 1953 Comp., § 68-8-10; Laws 1965, ch. 289, § 12.
Compiler's notes. — Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references. — For taking depositions, see Rules 1-026 and 1-032 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73B C.J.S. Public Utilities § 80.
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 10 - Hearings Before the Commission
Section 62-10-1 - Complaints as to rates, etc.; hearing by commission.
Section 62-10-2 - Other hearings by commission.
Section 62-10-3 - Complaint to be filed and become commission record.
Section 62-10-4 - Complaint and specifications, served on utility.
Section 62-10-5 - Hearings to be public and notice of hearing to be given.
Section 62-10-6 - Separate hearings of several complaints.
Section 62-10-10 - Depositions.
Section 62-10-11 - Certified copies; evidence.